The State Department has issued a memo to all consular posts on how to treat individuals with drunk driving arrests and convictions. The consulate notes that while a drunk driving conviction may not in and of itself bar entry as a criminal offense, it could indicate ineligibility under Section 212(a)(1)(A)(iii) as evidence of a mental or physical disorder that may jeopardize the safety of the alien or others.

Consular officers must send the applicant back to a panel physician for additional evaluation if 1) an applicant has a single drunk driving arrest in the prior three years or two arrests overall or 2) any convictions.

Physicians are then to determine if the applicant is an alcohol abuser and whether they currently engage in harmful behavior or their history indicates a likelihood of repeating the harmful behavior.