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If convicted of a DUI in Georgia, are there any limitations about leaving the country? If so, what is the length of time?

Atlanta, GA |

I will be traveling to Canada a few days after my court date. I wanted to make sure I will not run into any problems.

Attorney Answers 5

Posted

If you are convicted and placed on probation, you will have to seek the permission of your probation officer to travel. If they don't give you permission and you leave anyway, they can take a warrant out for you and begin revocation proceedings.
Why are you pleading to DUI without a fight?

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Posted

If you are convicted of a DUI in Georgia, you will probably not be able to obtain entrance to Canada.

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Posted

As I understand it, a DUI can make it very difficult to enter Canada specifically, as it is considered a more serious charge there. Typically, you should be able to travel while on probation if you notify your probation officer, but Canada may be a problem. Also, it sounds like this is your first court date coming up? If so, you shouldn't assume that the case will be resolved on that date. Typically we would enter a "not guilty" plea as an initial matter and that allows time to investigate the case and negotiate with the prosecutor for a possible reduction. Give us a call if you would like to discuss your case further at no charge-- 404-987-0245 and best wishes to you.

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Posted

Whoa! You might want to reconsider your plans including getting permission from your P.O. As for Canada, you cannot automatically cross over into that country with a DUI conviction. Just recently, Canada relaxed the restrictions allowing a first time offender a one-time waiver which must be applied for prior to entry. I would contact a Canadian DUI lawyer or at least review the countries DMV-type website. This is new law in Canada, so it should be readily available on the web.

I am an attorney, practicing throughout the state of Georgia, but primarily in the areas around Augusta, Statesboro and Savannah, Georgia. You may review more information about my practice by going to: http://www.avvo.com/attorneys/30809-ga-elmer-young-540135/reviews.html. The information I am providing you should only be considered for your general knowledge and educational purposes. Consider it as a good first step in your knowledge acquisition, but not as legal advice. Indeed, any information I provide is based on the extremely limited facts you have provided and new facts could substantially alter any answer or reply. My opinion should be understood to apply only to the laws of the State of Georgia. You should always consult with a local attorney about your situation if you live outside of the State of Georgia.

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Posted

I have not had a Client who was a Canadian Citizen ever have a problem in returning to, or entering the U.S. because of a single DUI conviction. However, there may be some additional questioning at the border and the possibility of having to execute some additional paperwork.

If you are NOT a Canadian citizen you may have problems traveling from the U.S. to Canada. There have been reports of entire tour groups being refused entry into Canada because a member of the tour was convicted of a DUI. My Clients have not experienced this problem however, it is my understanding that Canada has now instituted a waiver procedure to address this problem. You should contact the appropriate U.S. or Canadian governmental agencies for clarification of this issue. Good Luck!!

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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