VWP and a nasty DUI conviction

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Sep 23rd 2018, 4:37 pm

Awesome Welles

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VWP and a nasty DUI conviction

I have a friend in the UK, who hopes to visit the US for a week, next March. Despite being a super-nice guy, he's also a bit of a nutcase. Earlier this year he was convicted of drink/drive. My understanding is that this is not considered a CIMT - however, he was so far over the limit that he received a 3 year ban and an 18 month custodial sentence, suspended for 2 years.

Assuming he's honest in his ESTA application, does anyone have a sense for his chances, given the custodial sentence?

Sep 23rd 2018, 4:54 pm

materialcontroller

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Re: VWP and a nasty DUI conviction

I don't see any reason why he can't answer NO to all of the ESTA eligibility questions. As you said, drink driving is not a CIMT.

Sep 23rd 2018, 6:20 pm

tom169

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Re: VWP and a nasty DUI conviction

Just needs to answer the questions honestly.

Sep 23rd 2018, 6:42 pm

az2014

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Re: VWP and a nasty DUI conviction

If that is his only DUI then he will be fine to use ESTA. Having multiple DUI's can make him inadmissable to enter the USA via the VWP.

Sep 23rd 2018, 6:54 pm

Rete

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Re: VWP and a nasty DUI conviction

Curious as he has a suspended driver's license in the UK, how is he planning on getting about in the US? Not planning on driving is he.

Sep 23rd 2018, 7:02 pm

materialcontroller

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Re: VWP and a nasty DUI conviction

Quote:

Originally Posted by az2014

If that is his only DUI then he will be fine to use ESTA. Having multiple DUI's can make him inadmissable to enter the USA via the VWP.

How exactly?

Sep 23rd 2018, 7:40 pm

andyrebell

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Re: VWP and a nasty DUI conviction

Surely he would not be allowed into the United States whilst on a suspended sentence? And are you sure it is his first drink driving offence seems pretty steep punishment for a first offence usually it's a 12 month ban and a heavy fine. I have never heard of an 18 suspended for 2 years and a 3 year ban not for a first offence of a person of previous good character as your posting make him out to be but for this.

Sep 23rd 2018, 7:41 pm

andyrebell

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Re: VWP and a nasty DUI conviction

Quote:

Originally Posted by materialcontroller

How exactly?

Medical reasons? Wouldn't he be classed as a so called abuser of alchol? Doesn't he need a medical from that place on knightsbridge?

Sep 23rd 2018, 7:43 pm

materialcontroller

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Re: VWP and a nasty DUI conviction

Quote:

Originally Posted by andyrebell

Surely he would not be allowed into the United States whilst on a suspended sentence?

Why wouldn't he be allowed in? There's no reason why an ESTA would be refused, based on the information presented by the OP.

Sep 23rd 2018, 7:44 pm

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tom169

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Re: VWP and a nasty DUI conviction

Quote:

Originally Posted by andyrebell

Medical reasons? Wouldn't he be classed as a so called abuser of alchol? Doesn't he need a medical from that place on knightsbridge?

Not for a B1/2

Sep 23rd 2018, 7:46 pm

#11

lansbury

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Re: VWP and a nasty DUI conviction

Quote:

Originally Posted by Rete

Curious as he has a suspended driver's license in the UK, how is he planning on getting about in the US? Not planning on driving is he.

If he got a ban in the UK the court will have taken his license, so he will have nothing here to produce to get a rental. Hopefully no-one will lend him a car.

Sep 23rd 2018, 7:53 pm

#12

andyrebell

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Re: VWP and a nasty DUI conviction

Quote:

Originally Posted by materialcontroller

Why wouldn't he be allowed in? There's no reason why an ESTA would be refused, based on the information presented by the OP.

Can you travel overseas on a suspended sentence? I don't know if you can or can't I have never been in trouble with the police in my life. It is not an issue I need to worry about.

Last edited by andyrebell; Sep 23rd 2018 at 7:56 pm.