DOS Guidance on Processing Visa Applicants With Drunk Driving Hits

A June 7, 2007 DOS cable provided guidance to posts on how consular officers should handle cases where an applicant's criminal record shows an arrest or conviction for drunk driving or other alcohol-related offense.

The cable clarifies that a panel physician evaluation is required before making an alcohol-based ineligibility finding under INA Section 212(a)(1)(A)(iii); neither alcohol abuse nor (DWI) drunk driving are sufficient grounds alone for such a determination.

A consular officer must refer cases to a panel physician if:

• The applicant has a single drunk driving arrest or conviction within the last three calendar years;
• The applicant has two or more drunk driving arrests or convictions in any time period; or
• If there is any other evidence to suggest the applicant has an alcohol problem

The cable instructs that for a finding of ineligibility under INA Section 212(a)(1)(A)(iii), the panel physician's finding must include:

1. Diagnosis of mental disorder (alcohol abuse); and
2. Current harmful behavior associated with the mental disorder or a history of harmful behavior associated with the mental disorder that is judged likely to recur in the future.
   

This guidance will be reflected in the Foreign Affairs Manual at 9 FAM 40.11 N8.3.