QUESTION

If Canada law allows for a restricted license, would that be honored in the US?

Asked on Feb 06th, 2013 on DUI/DWI - Michigan
More details to this question:
My Husband was pulled over in Ontario and arrested for DUI, he blew .06. We live in Michigan, we are US citizens, he has a CDL. Can this affect his driving privileges in the US? Even if by Michigan law, he was not drunk? Will Canada notify the DMV of this matter? What happens?
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4 ANSWERS

Collections Attorney serving Okemos, MI at Cindy Mannon, Attorney at Law
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I don't really know. I've had a few clients who have received DUI's in Canada and it never has shown up on their MI record. One client, in particular, will not travel to Canada any longer because if he does, he is afraid that it may trigger something and MI would know. (his was about 5 years ago) He needs a Canadian attorney. It also depends on whether he was in his commercial vehicle, if not, I do not know why he would be arrested, but then again, I am not familiar with Canada drunk driving laws, sorry. His cdl is fine until he hears something from the Michigan Secretary of State. Of course, some companies require their employees to report themselves and some lose their jobs, even if they keep their cdl, because a drunk driving conviction will make many employers have to release him due to their auto/truck insurance premiums going up.
Answered on Feb 07th, 2013 at 12:35 AM

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Small Businesses Attorney serving Livonia, MI at Klisz Law Office, PLLC
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Get a Canadian DUI Attorney on board right away. They will know how the Canadian Courts work. I'm almost sure the US will recognize the Canadian case and take action here, so getting the proper representation there is huge.
Answered on Feb 06th, 2013 at 7:58 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Good question but I would have to research the answer. If Michigan and Canada reciprocate the restriction should be valid on both sides of the border. The fact that it was an infraction in Canada but would not have been in the US is quite germane and a "conflict of law". If the drinking and driving is reciprocated there could well be an issue which his CDL.
Answered on Feb 06th, 2013 at 7:00 PM

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Automobile Attorney serving East Lansing, MI at Nichols Law Firm PLLC
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Call a qualified DUI lawyer immediately. The answer is complex. More facts are needed. The stakes are high on this one.
Answered on Feb 06th, 2013 at 6:46 PM

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