Can you get a U.S. passport with a DWI?
Generally yes. A DWI does not normally stop a United States citizen from obtaining a passport. The harder problem is entry at the other end: some countries, Canada among them, refuse entry to foreigners with recent DUI convictions. Check the rules of the country you plan to visit before you buy non-refundable tickets.
- A DWI conviction does not normally prevent a U.S. citizen from being issued a passport.
- Entry is the real risk. Some countries, including Canada, refuse admission to visitors with recent DUI convictions.
- A passport can be denied for other reasons, including child support arrears over $2,500.
- A court order barring travel while on probation or parole, or a flight risk finding, will also block a passport.
- An unpaid Department of State assistance loan, or a previously revoked passport, will do the same.
A conviction for driving while intoxicated (DWI) in Texas leads to serious consequences. For example, a first DWI means a fine up to $2,000, up to six months in jail, up to a one-year driver license suspension, and a state fine of up to $6,000 under Transportation Code section 709.001. It also means skyrocketing auto insurance premiums.
Aside from the standard penalties mentioned above, a DWI can affect housing, employment, college scholarships and sports, professional licenses, and even immigration status. So, the question is, can it also bar you from getting a U.S. passport?
Generally, a DWI will not stop you from obtaining a U.S. passport. However, you may run into trouble with certain countries because some nations, such as Canada don’t let foreigners enter their borders with recent DUI convictions.
So, while you may have no trouble obtaining a U.S. passport, you couldhave trouble being admitted to certain countries. Our advice is to check with the country you wish to travel to before you purchase those non-refundable plane tickets.
Why Would a U.S. Passport Be Denied?
Though a DWI doesn’t normally prevent a U.S. citizen from obtaining a U.S. passport, there are other factors that could cause a U.S. passport to be denied, including:
- The individual owes more than $2,500 in child support arrears.
- The individual is a minor and he or she is party to a custody dispute.
- A criminal court judge has ordered that an individual on probation or parole
is not to travel outside the country. - The individual is considered to be a “flight risk” by the court
and has been ordered not to leave a specified area. - The individual has defaulted on an assistance loan from the Department
of State. In this case, he or she must repay their loan or enter into
a payment arrangement before getting a passport. - A previous U.S. passport was revoked.
Related: Can a DWI Stop Me From Owning a Firearm?
We hope this post answers your questions. If you’re facing DWI charges in the Greater Dallas Area, contact our firm at (214) 526-0555 today!
Common questions
Will a DWI conviction stop my passport application?
Generally not. A DWI does not normally prevent a U.S. citizen from obtaining a passport, though other issues can.
Why would a U.S. passport be denied?
Child support arrears over $2,500, being a minor in a custody dispute, a court order not to travel while on probation or parole, a flight risk finding, defaulting on a Department of State assistance loan, or a previously revoked passport.
Can I travel abroad with a DWI on my record?
You may be able to leave, but the destination country decides who it admits. Canada, for example, does not let foreigners enter with recent DUI convictions. Check that country's rules before booking.
This article is general legal information about Texas law, not legal advice about your case. Reading it does not create an attorney-client relationship. Laws change, so confirm the current rule with a licensed Texas criminal defense attorney about your specific facts. Request a free case review.