Done for Failing to give a Breath Test

[chrissa1]

Does a conviction for failing to give a breath test and subsequent ban, count as a criminal offence when trying to get a Visa for America. Driving over there is not required.

[Buenchico]

Anyone who has ever been arrested, even if totally innocent, is ineligible for entry into the USA under the Visa Waiver Program. Minor traffic offences (such as a speeding offence dealt with by a fixed penalty) don't prevent visitors from using theVWP (by applying, online, for an ESTA) but any offence which involves arrest and/or a court appearance will do so.

However, your offence is not categorised as 'moral turpitude' by the US authorities, so you should be able to get a visa without the US embassy having to pass your case over to Washington for special consideration. So you'll avoid the really long delays (of up to a year) which some people face before finding out whether they've been granted a visa. Even so, you need to allow several months, since the police have up to 40 days to provide you with a copy of your 'police record' (which you'll need) and the US embassy usually has a long waiting list (of up to 3 months) before you can attend the compulsory interview in London.

Chris

[dzug]

Sorry Chris - your answer is wrong, though the US London Embassy would have otherwise.

Their line is that whatever the crime, you should apply for a visa so that THEY can decide whether it is moral turpitude or not, and incidentally pocket $100 or what it is visa fee. They do not trust (probably correctly) Joe Public UK to have the faintest idea of what does and does not constitute moral turpitude.

But you ARE entitled to decide for yourself about your crime and there is plenty of guidance online. http://en.wikipedia.org/wiki/Moral_turpitude for example.

If the crime is NOT moral turpitude then you can quite truthfully and legitimately tick the NO box on the visa waiver /ESTA form and need not apply for an unnecessary visa.

[chrissa1]

Thanks both of you for your answers.

Chrissa1

[Buenchico]

As Dzug has indicated, there's no 'universal' definition of 'moral turpitude'. Different state courts, within the USA, apply different definitions.

However, the US immigration authorities work to this document:
http://www.state.gov/documents/organization/86 942.pdf

I have frequently stated that I regard Dzug as the Answerbank's number 1 contributor, and I have no reason to change my opinion. We rarely disagree, except that I prefer to trust the information on the US Embassy website
http://www.usembassy.org.uk/cons_new/visa/niv/ add_crime.html
when Dzug clearly does not.

(See also here: http://www.usembassy.org.uk/cons_new/visa/visa _wizard.html )

Chris