How can I apply for a D7 visa with a DUI from 2013?

I got a DUI back in 2013. Fines and community service completed. I am applying for a D7 visa in January 2027. Will I be denied due to this offense?

Answers

On Joana Torres Fernandes answered:

Under the law currently in force, the 2013 DUI conviction should not, in itself, prevent you from obtaining a D7 visa.
Articles 53(5) and 81(3)(b) of Law no. 23/2007 set out the types of criminal convictions that may affect a visa or residence permit application, notably final convictions for offences which, under Portuguese law, are punishable by a term of imprisonment exceeding one year. Article 52(3) further provides that convictions handed down abroad must be assessed by reference to the corresponding offence under Portuguese law.
An ordinary DUI would generally correspond to the offence provided for under Article 292 of the Portuguese Criminal Code, which carries a maximum prison sentence of one year. On that basis, it would fall below the relevant threshold.
Nevertheless, the conviction should be fully disclosed, and we would recommend providing the certified judgment, together with evidence that all penalties and other obligations arising from the conviction have been duly satisfied. Please note that any aggravating circumstances, as well as any
changes to the applicable legal framework before January 2027, could affect this assessment.

On Diogo Capela answered:

According to the Law, a residence visa (including the D7 visa) must be refused to third-country nationals who have been convicted of a crime punishable in Portugal by a prison sentence of more than one year, regardless of whether the sentence was served or suspended.
In this case, the previous conviction should not constitute an obstacle to the D7 visa application. Under Portuguese law, driving a vehicle, with or without an engine, on a public road or equivalent road, with a blood alcohol concentration above the legally established limit, is punishable by imprisonment of up to one year or a fine of up to 120 days.
Since the maximum applicable prison sentence for this offence does not exceed one year, this conviction should not prevent the applicant from applying for a D7 visa.

On Guilherme Porto answered:

A DUI from 2013 does not automatically prevent approval of a D7 visa. Under Portuguese immigration law, the key question is not the sentence you received, but whether the equivalent offence under Portuguese law is punishable by more than one year of imprisonment. “Punishable” is different from “punished.” A typical U.S. DUI generally corresponds to an offence in Portugal carrying up to one year, so it does not automatically trigger refusal.
Each case requires an individual legal assessment. We regularly support residence and Golden Visa applications through a comparative legal analysis, a tailored legal opinion for the Portuguese Consulate and AIMA, and evidence of rehabilitation, including completed penalties, clean conduct certificates, and positive social or economic contributions.
Depending on the circumstances, other legal principles may also apply, including equivalence of offences, presumption of innocence (if an appeal is pending), ne bis in idem (no double punishment), and time-barring of convictions. Several applications involving minor past convictions have been successfully approved using this approach.