Out of State and Country DUI Consequences
In general, if you are a licensed California driver and you are convicted of a DUI in a foreign jurisdiction (state or country), that jurisdiction will notify the California DMV of the conviction. This can result in a license suspension unless you comply with California law. Usually this means completing a DMV approved alcohol school.
However, many times the foreign jurisdiction fails to notify DMV and nothing appears on your record, or if notified, DMV fails to take any action. Similarly, if you are an out of state licensed driver and get a DUI in California, California will notify your home state DMV. What happens then is up to the DMV in your state.
At The Law Office of Blackie Burak in Walnut Creek, I offer drunk driving defense to individuals throughout central and north California. To discuss your case in a free consultation, please contact my office toll free at 1-866-BLCKDUI.
Entering Canada After a DUI Conviction
I am not licensed to practice in Canada so I pass on the following not as advice or statement of opinion but only as to what I and my colleagues have experienced with clients attempting to enter Canada. You are urged to conduct your own investigation and hire Canadian counsel in the appropriate case.
In general, anyone convicted of a felony offense in the United States, including a DWI conviction, may not be able to enter Canada. However, the Canadian Customs and Immigration Officers are the ones to make the final decision on whether or not to let an individual into Canada. This is outlined in the Canadian Immigration Act, and is known as "criminal inadmissibility."
There are certain ways in which individuals with a criminal past can enter Canada. Although it may be difficult to overcome criminal inadmissibility, the following are potential ways in which one could enter Canada following a DUI conviction:
• Deemed rehabilitation - If individual has only one conviction, the offense occurred over 10 years ago, and other criteria. Deemed rehabilitation can be applied for at port of entry.
• Streamlined rehabilitation - If individual has two or fewer convictions, the offense occurred over 5 years ago, and other criteria. Streamlined rehabilitation can be applied for at port of entry.
• Deemed and streamlined rehabilitation applications - This application is processed at a Canadian port of entry. Individuals interested in applying must bring a passport or birth certificate, court documents, FBI identification records, and other documents to the port of entry during business hours. Contact me to find out more.
• Approval of rehabilitation - Individuals can apply through a Canadian Consulate located in the U.S.
• Temporary resident permit - This option may be available when an individuals is not eligible for any of the above options.
Getting a DUI in Canada
An individual convicted of drunk driving in Canada faces possible deportation. A blood alcohol level of .08 is the legal point of intoxication under Canadian jurisdiction. Refusing a breath test is also considered a crime. An individual who is convicted of drunk driving may not be able to return to Canada without obtaining a pardon. The out of state and country DUI consequences can be severe - talk to me, attorney Blackie Burak to find out more about your options.
Contact Me
To find out more about out of state and country DUI consequences, please contact my law office by calling 1-866-BLCKDUI, or contact a lawyer online.
