Traveling with 2 DWAI's to Australia

[smiya]

I can't seem to find an answer to my question anywhere online, hoping someone can help me.

I plan of traveling to Australia in September to visit a friend of mine in Sydney. I have 2 DWAIs (driving while ability impared) and one OUI (opperating under the influance, i was on a snowmobile and had 3 beers) and i'm trying to find out weather i can travel to Australia.

[notzac]

Welcome to AFF, smiya!

I suspect the answer is yes, but you'd need to apply for a Tourist Visa. From the Department of Immigration website, re. conditions for using the ETA (Visitor) program:

If you have had any criminal convictions in any country, you may wish to consider applying for a Tourist visa (subclass 676), rather than an ETA. If arriving on an ETA with criminal convictions, you could be refused entry into Australia.

Information on the relevant visa is here: Tourist Visa (Subclass 676)

I am most definitely not an expert, so I'd recommend contacting the Department of Immigration directly to confirm what you should apply for - contact details here: http://www.immi.gov.au/contacts/

I hope you enjoy your trip to Australia

[Mal]

I plan of traveling to Australia in September to visit a friend of mine in Sydney. I have 2 DWAIs (driving while ability impared) and one OUI (opperating under the influance, i was on a snowmobile and had 3 beers) and i'm trying to find out weather i can travel to Australia.

It can be pretty tricky, depending on which passport you hold and how the offences were handled (warning / fine / jail etc)

For a general visa (either eVisitor or ETA), the general rule is:

You must not have any criminal convictions, for which the sentence or sentences are for a total period of 12 months duration or more (whether served or not), at the time of travel to, and entry into, Australia.

and

If you have had any criminal convictions in any country, you may wish to consider applying for a Tourist visa (subclass 676), rather than an ETA. If arriving on an ETA with criminal convictions, you could be refused entry into Australia.

DUI (driving while under the influence) isn't generally defined as a criminal offence - it's more of a traffic offence in Australia.

If it is deemed an offence, then the Tourist Visa is the appropriate path (assuming they approve the visa - there would be no guarantee).

Depending on your passport, you may be required to get a Tourist Visa anyway.

Although I do strongly recommend contacting your local Australian Embassy/Consulate to get their official answer rather than just relying on Internet "answers".

[overrun]

smiya,

Australia isn't the States, and doesn't get too paranoid about this, and you should have no problem.

The other posters have given good advice on checking first, which I endorse. There is online Government stuff about "character" and visas.

I can't resist the closing observation that it was only a few hundred years ago when you HAD to have a criminal record to enter Australia.

[markis10]

DUI (driving while under the influence) isn't generally defined as a criminal offence - it's more of a traffic offence in Australia.

Mal - have to disagree with you there, you have a common misconception about DUI, its not a traffic offence and is specfically covered under the criminal courts I believe, however for the OP thats irrevelant, how it was treated by their court would determine if it ticks the boxes as an applicable conviction.

Criminal Law - Serious Traffic and Drink Driving Offences



I also note on Border Security that they add up the sentances as they did Sunday for the Kiwi, so if you have 6 months suspended and 8 months suspended they class that as 14 months, go figure !

[Mal]

Mal - have to disagree with you there, you have a common misconception about DUI, its not a traffic offence and is specfically covered under the criminal courts I believe, however for the OP thats irrevelant, how it was treated by their court would determine if it ticks the boxes as an applicable conviction.

Yeah, you're right. The fact you end up in court (rather than receiving a fine etc and that you could be sent to jail) does indicate it's more than a traffic offence. The point I was trying to make was that DUI is treated differently immigration wise in Australia than some other countries, and that I doubt it would lead to outright denial.

I also note on Border Security that they add up the sentances as they did Sunday for the Kiwi, so if you have 6 months suspended and 8 months suspended they class that as 14 months, go figure !

I don't have a view whether the Australian system of regulations is good or bad. It is interesting how different countries deal with these things, and nearly impossible to keep track of !

[JohnK]

Yeah, you're right. The fact you end up in court (rather than receiving a fine etc and that you could be sent to jail) does indicate it's more than a traffic offence. The point I was trying to make was that DUI is treated differently immigration wise in Australia than some other countries, and that I doubt it would lead to outright denial.

Usually if there is no jail sentence imposed then it is regarded as a traffic offence. Sure it may be classed as a serious traffic and drink driving offence but this does not make it a criminal offence.

I know one person's experience does not make it definitive but this is the way US customs and immigration should interpret it as well. I don't think it would be any different in Australia either.

[Dave Noble]

If in doubt, then I would recommend applying for a Tourist Visa. Better to take the safe approach than risk being turned around on arrival