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Foreigner on vacation in Georgia was pulled over and blew a 0.119. I was 5minutes away from where I was staying.

Atlanta, GA |

I was given a breathilizer test and a walking test on the spot. It was freezing and I was wearing a very light dress and a winter jacket and boots. My pots were unomfotable so I was allowed to take it off. I was shivering.

Since I'm on a visitors visa, will I be deported? Will ever be allowed back into the US? I went to undergrad and grad school in Philadelphia and had lived in the US for just over 10yrs prior to moving back to Nigeria. During my stay prior to my visit, I have never been arrested or overstayed on any of my visas. The worst thing I've ever gotten was a ticket.

Attorney Answers 4

  1. You need to have a DUI attorney review your case thoroughly to identify any potential defenses that you may have. Just because you were stopped and blew over the limit does not mean that you will be convicted. Every case is different, but there are many possible defenses as well as the possibility of negotiating a reduction to a lesser charge since you've never been in trouble before. We have defended a number of non-citizens and none of those cases resulted in deportation, though again, every case is different so there are no guarantees. Hiring a good defense lawyer will give you the best chance at achieving the best possible outcome in your case. Call us any time at 404-987-0245 to discuss in more detail, and best wishes to you!

  2. One other thing I would add to my answer to your other posting is that if you are no longer in Georgia or the US, you should discuss with who you hire the possibility of a plea in absentia to avoid having to come back. And, if you ignore this because you are no longer here, a bench warrant will issue; which could give you big trouble if you ever do come back.

    The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP 53 W. Candler St. Or 718 Oak St. Winder, Ga. 30680 Gainesville, Georgia (770) 307-4899 (770) 538-0555 serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation

  3. I agree with my colleagues. I would add that immigrants and non-immigrants have unique consequences to criminal activity. I would suggest speaking with a criminal defense attorney in your area familiar with those consequences or at least seek the advice of an immigration attorney prior to entering a plea.

    This answer is not intended to be legal advice. This answer is general in nature and does not create an attorney-client relationship. If you wish to create an attorney-client relationship you should contact an attorney and formally discuss the specifics of your case.

  4. If you don't address this situation there is a very real possibility that a Bench Warrant would result in you not being allowed back into the United States (detained by Immigration Officials) if you are no longer in the country. I would advise you to retain the best DUI Defense Attorney that is available to you. There is a very good chance that you have defenses to the DUI charge that could result in a dismissal or reduction of the charges. The only way for you to effectively defend yourself and protect your ability to freely travel to the U..S. is to retain an experienced DUI Defense Attorney and aggressively defend yourself against the charges. I hope this information has been of help to you. Good Luck!! George McCranie IV

    The information provided in this response to a question is not legal advise and is provided only for general information purposes. My response should not be taken as legal advise as no attorney / client representation exists. Additionally, the information given in this answer is specific to the State of Georgia only and should not be applied to any other state.

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