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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111544
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Wow thank you help. I received a driving while inpaired

Customer Question

Wow thank you for your help. I received a driving while inpaired charge at the Canadian/Ontario border this weekend. I have 2 priors on my record as a Michigan citizen. How will this event effect my Michigan
JA: Thanks. Can you give me any more details about your issue?
Customer: Impaired driving charge and I have (2) DUI charges on my record currently. I am a Michigan citizen and got the impaired charge in Canada. How will this effect my Michigan driving status?
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Submitted: 9 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, Canada has a reciprocity agreement with New York and Michigan. See: http://www.defencelaw.com/printversion-drinking-driving.html#UnitedStatesresidents.
This means if you are convicted in Canada on this charge, it will be reported to MI (they only report convictions) and MI will treat this as a 3rd offense for purposes of suspension of your license. Thus, you are looking at a 5 year license suspension in MI if you do not get a good attorney in Canada and fight to not get a conviction on the impaired driving.
Customer: replied 9 months ago.
Am I subject to additional penalities( jail or fines) in Michigan or just license suspension? Does Canada view this as first or third?
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your reply.
No additional criminal penalties would occur in MI, just the license suspension which is an administrative penalty. Canada would have the choice to consider it a first or third offense because of the compact agreement between MI and Canada. It will be up to the Crown prosecutor's office and you need to get a good attorney in Canada.
Customer: replied 9 months ago.
If I do not attend court, I am assuming an arrest warrant will be put against my record. How is this exercised in Michigan?
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your reply.
Yes, they will issue a warrant. This would effect you any time you try to travel outside the US as it will cause you to be detained by Immigration while they check with Canada to see if they want to extradite you. As far as in MI, they generally will not arrest you in MI, but they will issue a hold/suspension on your license, so avoiding it is not the best way to go.

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