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CA dui/dwi laws, can a person who is on record check probation for one year leave and re-enter the U.S. without any issues

I am on DUI record check probation for 1 year, can i leave the country and re-enter without any issues?

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Attorney answers (5)

Avvo Pro

Reputation Level 20
First if you are on formal probation you need to clear your travel with your probation officer. If you are on court probation that means you simply must obey all laws and you are otherwise unsupervised. It's important to know which kid of probation you are on. If you have a PO it's formal. You should not have any trouble entering or leaving most countries ecept for Canada which will not admit you if you have a DUI in the last 5 years. The only way around this, if you qualify is to get a certificate of rehabilitation from a Canadian consulate in the US (which I doubt you'll get if you are still on probation) or a temporary residence permit at a consulate also. These are easier to get. The Canadians just want to make sure you have a date by which you have to leave their country.
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Avvo Pro

Reputation Level 19
I am always very worried that clients and/or defendants who are on Probation of any kind can end up incarcerated over a minor issue such as travelling. I tell my clients (being sarcastic ofcourse) to not even leave the house without the consent of the probation officer and/or department.

Probation violations can result in harsh penalties even though the actions of the defendant that placed him/her in violation are very minor.
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Reputation Level 9
If you are a non-US citizen, leaving the country can be problematic. If the border agent determines your inadmissible when you try to come back to USA then you may have serious legal issues.

Good luck!
1 person marked this answer as good

Reputation Level 10
What is "DUI record check probation"?
Thank you.
1 person marked this answer as good

Reputation Level 13
Check with your probation officer, if you have one. Check the terms of your summary probation requirements before traveling.
1 person marked this answer as good

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