Hey Everyone! As promised, I'm just reporting on how I went with going through LAX using the VWP & continuing on to Toronto. Well, to cut a rather long story short, ALL was great! Had NO problems at all going through immigration in LAX. I was in line for no more than 45 minutes. All they ask you was your purpose of business, how long do you intend to stay etc. My two index fingers got printed as well as having my photo taken, that's it! The immigration officer did NOT go beyond what was written on the I94-W & he was very friendly & polite. Even going through customs was over within seconds. I even stupidly asked the customs officer.."is that it?" She replied, "that's all sir!" & took my customs card & waived me through. My bags weren't checked at all. I made my connecting flight with 1 1/2 hrs to spare.
So it was pretty clear to me that a 'minor' DUI (which was something that I was very concerned with) is not flagged in their system. There was not even a direct reference to it in both the I94-W or the passenger/customs card for Canada. So to go all the way to Sydney to get a visa would've been a pointless & expensive exercise for me if I had done it. Even by definition, a DUI is not a crime involving 'moral turpitude' so one could honestly tick NO in the I94-W. I know that some might debate this but I'm simply basing it on my recent experience & from a relative who's in law enforcement in the US & from a US government website which listed DUI as NOT a crime involving moral turpitude. In my case, because I got a police certificate & nothing was recorded on it, assured me that I really shouldn't have a problem plus the assurances of both friends & members here as well helped a great deal. I do believe though that if it's a more serious DUI (high range), specially ones that would've caused injury &/or damage to property, then I would suggest enquiring (at the very least) about a Visa OR even obtaining a Police Certificate which I do believe you'll need anyway when/if applying for a US Visa.
If there's a couple of things I would advise though, are these:
1) Be polite & always meet customs/immigration officers with a SMILE!
2) Don't act suspicious &/or nervous - stay CALM!
3) Answer questions, clearly & concisely.
I did all of the above in both LAX & Toronto & they didn't even bat an eyelid! I was through in less than 1 minute. I thought Canada was the fastest - it was over in 30 seconds! Overall, I stressed out for weeks....for NOTHING!
Hope this helps anyone who may be wondering how they'll go going to the US or Canada with a minor DUI. Although the above may not always be the exact, same scenario for everybody, it may help a person decide what to do or what to expect.
Well, over & out for me. I'm now enjoying the cold of Canada! Any questions, feel free to post here or PM me.
PS. With regards to my other issue about the green Departure Card still stapled in old my passport, again, NOTHING was mentioned about this so I guess, I wasn't flagged as having overstayed the US nearly 12 years ago. Although I think having a new passport may have helped also.