WILL A COLORADO DUI CONVICTION AFFECT MY TSA PRECHECK OR GLOBAL ENTRY STATUS?
The consequences of a conviction for Driving Under the Influence in Colorado (DUI) are very severe. You face at least one year in jail and a lengthy probation sentence. A DUI conviction can cost you thousands of dollars in fees and court costs.
A Colorado DUI conviction can even have significant collateral consequences. You could lose your driving privilege, and most other professional licenses as well. The legal consequences for a Colorado DUI are far reaching.
I am often asked if a DUI charge or DUI conviction can affect the ability to travel without interference. If you are a member of either the TSA Precheck program or the Global Entry program, you may find a DUI charge or DUI conviction will jeopardize your enrollment in these programs.
The TSA precheck program is administered by the Transportation Security Administration (TSA). This program is designed to allow eligible travelers pre-flight security clearance.
TSA PRECHECK ELIGIBILITY
TSA Precheck is a “trusted traveler” program offered by the TSA. The TSA Precheck clearance allows eligible members certain benefits at airport security. TSA Precheck status provides travel benefits other travelers do not have.
The screening process for TSA Precheck members can be faster than the process for screening the general public and Precheck members are often given their own dedicated line. Certain security procedures are often relaxed.
WILL A COLORADO DUI CONVICTION AFFECT YOUR TSA PRECHECK ELIGIBILITY?
In most instances, the answer is “yes”.
If you are TSA Precheck member and you are charged or convicted of a DUI related offense, your membership will likely be denied. If not outright denied, your eligibility will likely be temporarily suspended.
The TSA has broad authority to deny eligibility for TSA Precheck members and applicants. No one is guaranteed eligibility in the program.
The TSA has broad discretion to determine who gets admitted or denied. Once admitted into the program, The TSA can later deny eligibility. TSA can deny TSA Precheck eligibility due to a DUI or any other alcohol-related conviction and even based upon a charge.
Also, if an applicant fails to disclose a prior DUI arrest, even if the DUI arrest did not result in a conviction, the TSA will likely deny the application.
WHAT ABOUT GLOBAL ENTRY? Global Entry is another “trusted traveler” program. Global Entry is administered by U.S. Customs and Borders Protection Agency. The Global Entry Program is designed to speed up the customs process for pre-approved, low-risk travelers re-entering the country through certain major airports. It may also assist with airport entry into Canada and Mexico.
While not always the case, Global Entry often allows program members a streamlined customs process. It requires that you to present your passport for scanning and that you also allow your fingerprints to be scanned.
Your Global Entry application requires a background check. A DUI Charge or DUI Conviction may be enough to derail your application.
U.S. Customs and Border Protection, like the TSA has the ability to deny your application for any number of reasons. Once admitted into the program, a DUI charge or conviction will likely result in suspension from the program.
WILL A COLORADO DUI CONVICTION AFFECT YOUR GLOBAL ENTRY ELIGIBILITY?
Again, the answer will likely be “yes”.
As it assists with clearing customs upon entry into the United States, and may assist with entry into other countries, eligibility for Global Entry is usually far stricter than eligibility for TSA Precheck.
Customs and Border Patrol, like TSA, has broad discretion to reject an application if the applicant has DUI in their past.
If you are convicted of DUI while enrolled in Global Entry, you will likely have your Global Entry status taken away.
Conviction of certain traffic offenses, even if these offenses do not include the use of drugs or alcohol, can derail your eligibility for Global Entry.
A DUI conviction will likely result in having your Global Entry status denied. Trying to overturn denial of your Global Entry will likely not be successful.
As noted, a Colorado DUI conviction has far-reaching collateral consequences. If you are charged with a DUI in Colorado, and you have questions, then contact me. I have answers. At Peter Albani Law, LLC, I have been successfully resolving and defending DUI and DUID cases for over 35 years. I can help.