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Unintended Consequences of a San Diego DUI driving under the influence arrest. Award-Winning DUI Attorney explains VC 23152(b) and TSA precheck

by | Feb 20, 2023 | Firm News |

Attorney Mark Deniz on the cover of San Diego Attorney Journal
A San Diego DUI driving under the influence arrest has far-reaching effects and many unintended consequences.  It is more than paying classes, fines, and some trash pickup.  Today, we focus on whether a San Diego DUI would affect travel, specifically, whether TSA might retract someone’s TSA precheck.
Unfortunately, the answer to that question is “maybe.” The TSA promulgates a list of Disqualifying Offenses that will lead to either an automatic, permanent ban from the program or short-term suspension while the TSA investigates further.
The offenses that will lead to an automatic, permanent ban include:
  • Murder
  • Violations of the RICO Act
  • Espionage
  • Sedition
  • Treason
  • Terrorism, and
  • Improper transportation of hazardous waste.
A conviction for any of the crimes deemed “permanent disqualifying criminal offenses” by the TSA will cost you your eligibility for TSA Precheck for the rest of your life. Thankfully, San Diego DUIs are not listed among these crimes.
TSA precheck is one of the many reasons you want to obtain the best possible outcome.   Contact the Law Offices of Mark Deniz at (858) 751-4384 to get the best possible outcome.
Less serious crimes that can nevertheless hold up your TSA Precheck eligibility are known as Interim Disqualifying Incarceration Offenses. A conviction for any of the felonies listed within the previous seven years will lead to a temporary disqualification from the TSA Precheck program. Some of the crimes that can lead to suspension are:
  • Bribery
  • Smuggling
  • Extortion
  • Unlawful possession, use, sale, manufacture, purchase, distribution, receipt, transfer, shipping, transporting, delivery, import, export of, or dealing in a firearm or other weapon
  • Dishonesty, fraud, or misrepresentation, including identity fraud and money laundering
  • Arson, and
  • Kidnapping
  • DUI and other alcohol-related crimes are also not mentioned in this list. That doesn’t mean you are in the clear, however, as TSA is also empowered to deny eligibility based on “Any other information relevant to determining applicant eligibility or an applicant’s identity.” That gives the TSA the discretion to deny your TSA Precheck eligibility due to a DUI or alcohol-related conviction. Additionally, the TSA will disqualify applicants if they were previously incarcerated for more than 365 days, which could include some felony DWI convictions.

  • DUI and other alcohol-related crimes are also not mentioned in this list. That doesn’t mean you are in the clear, however, as TSA is also empowered to deny eligibility based on “Any other information relevant to determining applicant eligibility or an applicant’s identity.” That gives the TSA the discretion to deny your TSA Precheck eligibility due to a DUI or alcohol-related conviction. Additionally, the TSA will disqualify applicants if they were previously incarcerated for more than 365 days, which could include some felony DUI convictions.
  • TSA precheck is one of the many reasons you want to obtain the best possible outcome.   Contact the Law Offices of Mark Deniz at (858) 751-4384 to get the best possible outcome.
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