A vacation on a cruise is being planned. I have a friend convicted of a DUI. I want an opinion on the certainty he can travel?

Asked about 1 year ago - North Tonawanda, NY

I'm not sure of everything the DUI entails (or the level of the DUI - I know that without specifically knowing the case your answer isn't guaranteed, but I want a lawyers input as to the certainty of my question)...he does have a probation officer he has to see from time to time...for example he had to get clearance to visit his girl friend on weekends...If he gets permission from his probation officer...will the probation officer then give him a document as proof (to allow him to more easily enter other countries (or how might the issue of entering other countries be addressed if it is even a prob.)?...

Attorney answers (6)

  1. Christopher Irvin Simser

    Contributor Level 19

    12

    Lawyers agree

    Answered . Have your friend start by contacting the Probation Officer to see if any restrictions are placed on travel by that agency. if not, or if your friend can apply for and receive their permission to travel, check with the travel agency or cruise booking agent to see what, if any, restrictions apply. You can also check with the consulate of any country you plan to visit. often a consulate's website will include this information.

    Christopher I. Simser, Sr.
    Anelli Xavier
    Syracuse - Albany - Rochester
    1-800-DWI-TEAM

  2. Jayson Lutzky

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . Need to know the terms of probation. Have your friend speak with probation officer and review all the terms of probation. If he is doing something at variance with the terms of probation, then make sure he has written permission from the probation officer to do so.

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  3. Marco Caviglia

    Pro

    Contributor Level 19

    8

    Lawyers agree

    Answered . He must get OK from his PO. As a DUI on probation he probably is prohibited from drinking alcohol, and a cruise is too much temptation for a PO to OK. Don't put a deposit down for a ticket until the PO says OK, which I doubt.

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  4. Michael C. Wild

    Contributor Level 13

    6

    Lawyers agree

    Answered . You are trying to do a nice thing for a friend, which is commendable. Your friend is wise to reach out to a criminal defense attorney to discuss the matter, and probably also consult with the probation officer, and possibly foreign consulates depending on where the cruise will go.

    This communication is intended only to provide general information. No attorney-client relationship is created.
  5. Michael James Kennedy

    Pro

    Contributor Level 11

    6

    Lawyers agree

    Answered . As a California attorney, I would not hazard a guess about what the screwy NY laws are about such things, but I will caution him/you that regardless of what his PO says or doesn't say, if the ship docks in Canada, make sure he does not try to get off, because they are utterly unforgiving about DUI convictions and he will not be welcome there, and if caught there, he could be subjected to criminal deportation. There are nightmare stories about such things happening.

  6. Marc A Sherman

    Contributor Level 5

    2

    Lawyers agree

    Answered . Whether the PO gives him approval or not to travel will not affect his ability to enter other countries. Unless he's a fugitive, I cannot imagine how he could be flagged by customs or border-control. The PO's approval is only so that he doesn't get in trouble here - e.g., when the PO sees Facebook pictures of him on the cruise with a huge pina colada in one hand and a mai tai in the other.

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