Can I Get a U.S. Visa With a DUI on My Record?

It's not uncommon for someone to make a one-time mistake, get into a car after having one drink or other mind-altering substance too many, and end up with a conviction for driving under the influence of drugs or alcohol; or in U.S. legal terminology, a DUI or DWI. (More colloquially, it's often called "drunk driving," or in Britain, a "drink drive" conviction.)

Is a DUI on a a foreign national's record going to present any problem for pursuing a U.S. visa? That's what we'll examine below.

WARNING: The discussion below might soon be history. In early 2025, Republican members of the U.S. Congress introduced legislation called the Protect Our Communities From DUIs Act, which would make any non-citizen who has been convicted of a DUI or who has confessed to having driven while intoxicated (even if they weren't caught or convicted) inadmissible to the United States; in other words, ineligible for any sort of visa. Experts expect this bill to move on to the Senate and ultimately be signed into law.

One DUI Won't Normally Make You Ineligible for a Visa to the U.S.

By itself, a single DUI does not automatically make a foreign-born person inadmissible to the United States. (See Crimes That Make U.S. Visa or Green Card Applicants Inadmissible and the grounds of inadmissibility in Section 212(a) of the Immigration and Nationality Act (I.N.A.).) This is true whether the DUI conviction occurred in the United States or in some other country

But that's not necessarily the only consideration, as described next.

Abusers of Alcohol Are Ineligible for U.S. Visas

First, if it's an immigrant visa that you're pursuing (lawful permanent residence), realize that every applicant must get past the official medical exam with a civil surgeon (also called a "panel physician," but basically meaning a U.S.-government approved doctor) in their country. And one of the things the doctor will be looking at is whether the visa applicant might be an alcohol abuser.

As stated in a State Department set of guidelines called the Foreign Affairs Manual, at 9 FAM 302.2-7(B)(3)(U), a diagnosis of a substance-related disorder does not by itself make an applicant ineligible for a U.S. visa, "unless there is evidence of current or past harmful behavior associated with the disorder that has posed or is likely to pose a threat to the property, safety, or welfare of the applicant or others in the future." A DUI or DWI could supply that evidence of harmful behavior.

Also, even if you're applying only for a nonimmigrant, temporary visa to visit the United States, it's entirely likely that the U.S. consulate in your home country will, upon seeing the drunk driving conviction on your record, refer you to a civil surgeon for evaluation before making a decision on your visa application. The FAM directs them to do so in cases where there has been:

• a single alcohol related arrest or conviction within the last 5 years
• two or more alcohol related arrests or convictions with the last 10 years, or
• other evidence to suggest an alcohol problem.

Given that the government will be looking for information on both your physical and mental health, you might actually need to attend more than one medical appointment, or be directed to a specialist. You will have to pay for all of these, and they can be quite expensive.

What happens after the medical appointments is largely up to the judgment and expertise of the civil surgeon who examines you. You will not be allowed to see the reports that they prepare concerning your condition. The U.S. consular officer will examine its contents. Or, you could end up waiting a while (say, three to six months) because the doctor can't yet come to a conclusion about your case and wants to see whether you're really abstaining from alcohol or drug use.

Can an Expungement of a DUI Restore One's Admissibility?

Even if you can have your DUI expunged or otherwise removed from your record, this will not help you avoid the ground of inadmissibility being described here. Unless you can actually prove that the whole conviction was a mistake, not based on your having driven under the influence, the conviction becomes irrelevant. The key issue is whether you are a substance abuser.

Can a Visa Applicant Request a Waiver of Inadmissibility for a Substance-Abuse Disorder?

If the doctor says you do have a substance-abuse disorder with the possibility to cause harm, and you are found inadmissible as a result, you may apply for a waiver with which to enter the United States. The most important thing will be to show that you won't engage in any harmful behavior while in the United States.

In preparing this waiver request, you will want to pay another visit to a doctor. This time, however, it should be a doctor of your own choosing, ideally who is familiar with you and your medical history. The doctor will need to prepare a report describing your condition, perhaps explaining the steps you've taken toward rehabilitation and recovery, and assessing the (hopefully low) chances of future harmful behavior because of your condition.

Getting Legal Help With Your Visa Waiver Request

Fully evaluating whether you are inadmissible to the United States and, if warranted, preparing a waiver request is best done with the help of an experienced U.S. immigration attorney. As you can see from the above, this is more than a matter of filling out some forms. You will need to actively persuade the U.S. consulate to exercise discretion and look favorably upon your case.