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Old Feb 23, 12, 10:42 am   #1
 
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Global Entry and driving while ability impaired

I'm considering applying for Global Entry and I understand that DWIs disqualify you for the program. That said, four years ago I was arrested while driving and ended up being charged with "driving while ability impaired" in the state of New York. This charge is not a misdemeanor and is not an actual DWI as the alcohol content is less than .08.
I have traveled quite a bit to Europe, Australia and Latin American in the last four years and never really had a problem... except some heavier scrutiny entering Canada (was still allowed in).
Does anyone know if this disqualifies me for GE?
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Old Feb 23, 12, 11:18 am   #2
 
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I font know the answer to your question, but the questions in the application only ask you 'within the last 5 years,' so if you can't find out, just wait a little longer then apply
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Old Feb 23, 12, 1:31 pm   #3
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Originally Posted by Juanefny View Post
I'm considering applying for Global Entry and I understand that DWIs disqualify you for the program. That said, four years ago I was arrested while driving and ended up being charged with "driving while ability impaired" in the state of New York. This charge is not a misdemeanor and is not an actual DWI as the alcohol content is less than .08.
I have traveled quite a bit to Europe, Australia and Latin American in the last four years and never really had a problem... except some heavier scrutiny entering Canada (was still allowed in).
Does anyone know if this disqualifies me for GE?
If DWAI in New York is a traffic offense (as opposed to a criminal offense), then it shouldn't have an impact (the federal government probably has no record of the conviction at all).
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Old Feb 23, 12, 5:39 pm   #4
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FYI

DWI is an acronym for driving while intoxicated. A similar acronym, DUI, is used in other states which stands for driving under the influence, and yet another acronym, DWAI, may be encountered which signifies driving while ability impaired.
Under section 1192 of the New York State Vehicle and Traffic Law (VTL), the prohibitions against a motorist's consumption of alcohol or drugs include:

Driving while ability impaired: "No person shall operate a motor vehicle while the person's ability to operate such motor vehicle is impaired by the consumption of alcohol" (VTL 1192[1]). A first violation is a traffic infraction.

http://criminaljustice.state.ny.us/ops/erc/faqs.htm
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Old Feb 23, 12, 6:36 pm   #5
 
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Originally Posted by squeakr View Post
DWI is an acronym for driving while intoxicated. A similar acronym, DUI, is used in other states which stands for driving under the influence, and yet another acronym, DWAI, may be encountered which signifies driving while ability impaired.
Under section 1192 of the New York State Vehicle and Traffic Law (VTL), the prohibitions against a motorist's consumption of alcohol or drugs include:

Driving while ability impaired: "No person shall operate a motor vehicle while the person's ability to operate such motor vehicle is impaired by the consumption of alcohol" (VTL 1192[1]). A first violation is a traffic infraction.

http://criminaljustice.state.ny.us/ops/erc/faqs.htm
So would that disqualify me or not? lol
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Old Feb 23, 12, 8:19 pm   #6
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well it was a traffic infraction

so I guess you can apply ...it's not even a misdemeanor.
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Old Feb 26, 12, 11:50 am   #7
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So would that disqualify me or not? lol
No, because it is a traffic ticket, just like speeding. The federal government would have no record of it, but it wouldn't disqualify you even if they did (but they don't).
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Old Jun 7, 12, 7:55 am   #8
 
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DUI does not automatically disqualify you from GE

I was just approved for GE, despite having a DUI on my record. I disclosed it on the questionaire and the CBP offier tested me on my response during the interview, but then told me that it does not automatically disqualify a traveler. There are guidelines, but the ultimate decision is that of the oficer that conducts the interview.

Overall it was an easy process. I sibmitted the online application, was pre-approved in less than a week. I then scheduled the interview which took 4 weeks. The interview it self was quick and painless and I was approved by the end of the day; notified by e-mail.

Can't wait to fly to Barcelona later this month! Easy return.
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Old Jun 10, 12, 12:00 am   #9
 
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For GE, there isn't an indication that a misdemeanor will disqualify you. For NEXUS, a non-expunged/rehabilitated (Canada) misdemeanor will.
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Old Jul 24, 13, 5:53 pm   #10
 
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So once I found out that they opened an interview site in Abq I decided to apply. I applied on 7/9 very early in the morning and I'm still "pending review". On the processing time thread I've been reading about many people who applied after me and already got approved. I'm beginning to think this may be an issue :-/
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Old Jul 25, 13, 11:51 am   #11
 
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Quote:
Originally Posted by Magnolia3237 View Post
I was just approved for GE, despite having a DUI on my record. I disclosed it on the questionaire and the CBP offier tested me on my response during the interview, but then told me that it does not automatically disqualify a traveler. There are guidelines, but the ultimate decision is that of the oficer that conducts the interview.

Overall it was an easy process. I sibmitted the online application, was pre-approved in less than a week. I then scheduled the interview which took 4 weeks. The interview it self was quick and painless and I was approved by the end of the day; notified by e-mail.

Can't wait to fly to Barcelona later this month! Easy return.
You were lucky, very lucky in fact. This has not been the norm.
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Old Jul 25, 13, 2:49 pm   #12
 
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Originally Posted by Ari View Post
No, because it is a traffic ticket, just like speeding. The federal government would have no record of it, but it wouldn't disqualify you even if they did (but they don't).
Don't be too sure of that. I run backgrounds every ~2 months or so and that sort of stuff comes up. I would have thought that the feds would be at least as thorough as a TransUnion background check is. They do, after all, have automated access to far more interesting databases than TU does. I think.

That said, as you say, it's an infraction so it's about as exciting as a parking ticket in terms of the blip on the radar. I'd expect CBP to assume it was something more exciting though. They don't tend to be the brightest bulbs in the sockets.
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Old Jul 25, 13, 3:20 pm   #13
 
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Don't be too sure of that. I run backgrounds every ~2 months or so and that sort of stuff comes up. I would have thought that the feds would be at least as thorough as a TransUnion background check is. They do, after all, have automated access to far more interesting databases than TU does. I think.

That said, as you say, it's an infraction so it's about as exciting as a parking ticket in terms of the blip on the radar. I'd expect CBP to assume it was something more exciting though. They don't tend to be the brightest bulbs in the sockets.
This is how I handled it:

Have you ever been convicted of a criminal offense in the United States or any other country?
Answer No
Details Did have a DWAI in New York 5 1/2 years ago, this however, is not a crime in New York as levels were within legal limits and it was not a DWI.
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Old Jul 25, 13, 6:28 pm   #14
 
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Sounds like an eminently sensible way to answer the question. Will be interesting to see if they raise it. Could you report back for our interest?
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Old Jul 26, 13, 5:15 pm   #15
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Originally Posted by SeriouslyLost View Post
Don't be too sure of that. I run backgrounds every ~2 months or so and that sort of stuff comes up. I would have thought that the feds would be at least as thorough as a TransUnion background check is. They do, after all, have automated access to far more interesting databases than TU does. I think.

That said, as you say, it's an infraction so it's about as exciting as a parking ticket in terms of the blip on the radar. I'd expect CBP to assume it was something more exciting though. They don't tend to be the brightest bulbs in the sockets.
Now that I think about it, if it was done as an arrest, then they would have a record of that.
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