San Antonio DWI Attorney: Will a DWI Affect My Ability to Travel?
Updated: Feb 8
A DWI conviction can have far-reaching consequences, including restrictions on your ability to travel. If you have been charged or have been convicted of DWI, it is important to understand the potential impact on your travel plans and to take steps to minimize any disruptions.
One of the most common travel restrictions for those with a DWI conviction is the loss of your driver's license. Depending on the circumstances of your case, your license may be suspended or revoked, making it difficult or impossible to drive to your desired destination. In some cases, you may be able to obtain an occupational driver's license which allows you to drive to and from work or other essential activities.
If you are on probation for a DWI conviction, you may also have restrictions on your ability to travel. This could include limitations on the distance you are allowed to travel, or restrictions on travel outside of the state or country. It is important to review the terms of your probation to understand any restrictions and to ensure you are in compliance.
Travel within the United States
In general, there are no restrictions on travel within the United States for those with a DWI conviction. The right to travel freely between the states is protected by the Commerce Clause and the Privileges and Immunities Clause of the U.S. Constitution.
The Commerce Clause, found in Article I, Section 8, grants Congress the power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." This clause has been interpreted by the Supreme Court to prevent states from unduly burdening or discriminating against interstate commerce.
The Privileges and Immunities Clause, found in Article IV, Section 2, provides that "the Citizens of each state shall be entitled to all privileges and immunities of citizens in the several states." This clause has been interpreted by the Supreme Court to protect the fundamental right of citizens to travel freely between the states.
Together, these provisions of the Constitution ensure that states cannot impose undue restrictions on travel between the states, and that citizens have the right to travel freely throughout the country. This includes people who have been convicted of crimes, including DWI.
If you are on probation, however, you can be prevented from leaving your state as a condition of your probation.
If you are traveling to Canada or Mexico, it is important to be aware of the restrictions and requirements for entry. In some cases, those with a DWI conviction may be denied entry, or have their existing visa revoked.
Travel to Canada
If you are traveling to Canada with a DWI conviction, you may face restrictions on your ability to enter the country. Depending on the circumstances of your case, you may be denied entry, or have your existing visa revoked. However, there are a few options that may allow you to enter Canada, even if you have a DWI conviction:
Temporary Resident Permit: A Temporary Resident Permit allows you to enter Canada for a specific purpose, such as business travel or to visit family. However, this permit is only issued in exceptional circumstances and is subject to strict eligibility criteria.
Criminal Rehabilitation: Criminal Rehabilitation is a process that allows individuals with a criminal record to be deemed rehabilitated and to enter Canada without a Temporary Resident Permit. This process requires a waiting period, typically 5 years after the completion of your sentence, and a thorough review of your criminal history.
Deemed Rehabilitation: If your DWI conviction is over 10 years old, and you have not been convicted of any other crimes, you may be considered rehabilitated and able to enter Canada without a Temporary Resident Permit or Criminal Rehabilitation.
Travel to Mexico
If you are traveling to Mexico with a DWI conviction, you may face
restrictions on your ability to enter the country. Under Article 37 of Mexico's General Law of Population, individuals who have been convicted of a crime in the past 10 years may be denied entry to Mexico. This means that if you have a DWI conviction in the past 10 years, you may be denied entry to Mexico and unable to travel there.
If you have been charged with a DWI, or if you are facing any other type of criminal charges, it is important to have experienced legal representation on your side.
Brad Thornton is a Board-certified criminal defense attorney with extensive experience in DWI and other criminal defense cases. With his background as a former chief prosecutor, he brings a unique perspective and a deep understanding of the criminal justice system to each case he handles.
If you need assistance navigating the complex legal landscape of a DWI charge, or if you have any other legal concerns, don't hesitate to call San Antonio DWI Attorney Brad Thornton for a free consultation at 210-439-5627. With his help, you can protect your rights and ensure the best possible outcome for your case.