Can I travel to Canada if convicted of a DUI in Michigan? Drunk Driving Restrictions on Travel2/23/2016
The U.S. government website for customs and border protections officially states that Canada does not allow a person with a DUI conviction to enter their county unless that person has express permission from Canadian officials.
Under Canada’s Immigration and Refugee Protection Act, a person convicted of a crime may be prohibited from entering Canada to visit, work, or immigrate. This prohibition, or inadmissibility, is discretionary, with the power to prohibit entry placed into the hands of Citizenship and Immigration Canada. If you're faced with a drunk driving charge in Michigan, you must speak to your attorney about this issue. A drunk driving conviction cannot be expunged from your record, and you may be banned from Canada for the rest of your life. This harsh reality can have a major impact on certain careers, especially if you're required to travel to from Michigan to Canada on a regular basis. If you've been charged and awaiting deposition of your case, or you have been convicted of a DUI in Michigan, and are still under the court's supervision or probation, the court may restrict your ability to travel. Most courts allow some travel with prior permission, as long as the defendant is able to fulfill all testing and reporting obligations.
Some courts will allow the defendant to be tested in the other location or come back and do some additional testing. A few courts will not allow any travel until all fines and costs are paid. The issue of travel during a pending or completed case is up to each individual judge. Some judges will require to see documentation of the trip, and some information about where you plan to stay. If you're a college aged defendant, a judge may look more favorable upon a family vacation vs a spring break trip. If you're doing well and have been cooperative with the court in all your requirements, there should not be a problem in requesting some limited travel. You should speak to your attorney about any need to travel, or any future plans to travel. Your Michigan DUI attorney can discuss these issues with the presiding judge in order to get an indication of whether the court will accommodate the request. |
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