Despite these allowable uses, your ability to use medical and recreational marijuana becomes complicated if you are currently on probation. Here’s what you need to know about using marijuana while on probation in Michigan.

Medical Marijuana Use While on Probation

In 2021, the Michigan Court of Appeals in People v. Thue, COA 353978, ruled that medical marijuana cannot be banned when an individual is on probation. People who use medical marijuana with a prescription from their physician cannot face probation violations or be penalized for their valid medical marijuana use.

Previously, many courts would deny probationers’ requests to use medical marijuana while on probation. However, with this decision, medical marijuana patients no longer have to worry about facing parole or probation violations for the otherwise illegal use of prescription marijuana.

The Michigan Court of Appeals cited MCL 333.26427(a) of the Michigan Medical Marihuana Act, saying that users of medical marijuana were protected from arrest or prosecution of any kind. Nor do individuals on probation face the prohibition of opiate medications for medical conditions.

Various medical conditions may warrant the use of medical marijuana, including:

• Multiple sclerosis
• Glaucoma
• Alzheimer’s
• Seizures
• Fibromyalgia
• Cancer
• Chronic pain conditions
• Conditions causing severe nausea
• Crohn’s disease
• Anorexia

What Medical Marijuana Patients on Probation Should Know

Medical marijuana users should provide their probation officers with their valid prescription to hassles or possible penalties. Without proper documentation, you may face probation violations and drug-related charges.

This is particularly true if the probationer is found to have more than 12 marijuana plants or more than two-and-a-half ounces of marijuana.

With that being said, if you are a medical marijuana user with a valid prescription, you could also face criminal charges if you are accused of purchasing marijuana from an unlicensed distributor.

Even though marijuana is legal for recreational use, probationers can be prohibited from using marijuana if they do not have a valid prescription from a physician. You face serious penalties if you do not have a valid medical marijuana prescription and fail a court-ordered drug test.

Penalties for Failed Drug Tests in Michigan

Failure to do so can result in harsh consequences if you must pass a regular drug test while on probation in Michigan. Your probation officer has the discretion to violate you for failing a drug test.

A violation of the terms and conditions of your probation or parole could result in:

• Loss of the Holmes Youthful Trainee Act provision, which keeps a conviction from remaining on your criminal record
• Court-ordered drug treatment
• Court-ordered mental health counseling
• Extension of your probation
• Additional jail time
• Additional criminal drug charges
• Court-ordered community service

What Happens When You Violate Probation?

Failing a court-ordered drug test or unauthorized use of medical marijuana will likely result in a violation of your probation. Such behaviors signal to the court that you are incapable of or unwilling to comply with their court orders.

When this happens, you could have your probation revoked and be forced to spend the rest of your original sentence behind bars.

Get Help From a Marijuana Lawyer in Detroit

Marijuana may be legal for recreational and medicinal use in Michigan. However, you can still face probation violations if you are using marijuana after being prohibited from doing so or if you are using medical marijuana without a valid prescription.

Accused of violating your probation for using marijuana? Contact an experienced lawyer at Drias Law Group to schedule a free and confidential consultation. Fill out our contact form or call (313) 944-0236 today.

The post Can I Use Medical Marijuana on Probation? appeared first on Drias Law Group, PLLC.

Call a Detroit drug lawyer at Drias Law Group at (313) 944-0236 or use our online contact form to reach out.

Misdemeanor Drug Crimes

You might think a misdemeanor is no big deal, but any drug crime should be taken seriously. Even a charge for the use of a controlled substance can land you in jail with thousands in fines.

Misdemeanor crimes typically result in less than a year in jail. However, if it’s your first offense, your attorney may be able to negotiate alternative penalties for you. The prosecutor may be willing to allow you to go to a drug treatment program or serve time at home instead of sitting in jail.

You might also face a driver’s license suspension for something as minor as possession of a Schedule 5 drug, such as LSD, peyote, mescaline, DMT, Psilocin, or Psilocybin. Attorney Martin Drias will help you avoid the harshest penalties that can negatively impact your life.

Felony Drug Crimes

Many drug crimes are originally charged at a felony level. That means you will be facing more than a year in prison as well as many other harsh penalties. Common felony drug crimes that Drias Law Group defends against include:

• Possession of Schedule 1, 2, 3, or 4 Drugs
• Drug Trafficking
• Counterfeit and Synthetic Drug Charges
• Prescription Drug Offenses

When dealing with a felony offense, you need a skilled attorney who understands the law and can get you the best deal possible. You may be able to negotiate these charges down to misdemeanor offenses or get them dismissed entirely.

Federal Drug Crimes

Drug charges may also be brought against you by the federal government instead of state authorities. Federal drug offenses can be more severe in nature and may have harsher penalties. Federal prisons can be dangerous places, certainly to be avoided.

There are certain situations in which a crime may be considered federal. A crime might be federal if it occurred on federal property or across state lines. For example, if you transport the drug from Ohio to Michigan, federal authorities, including the DEA, may become involved.

Penalties for federal drug crimes often involve mandatory minimum sentences. That’s why it’s essential to defend yourself against these accusations. Attorney Martin Drias will negotiate your charges down as low as possible and try to get them dismissed.

Call Drias Law Group if You Are Facing Drug Charges

Many people who face drug crimes do not have a criminal record, or their actions are not violent in nature. They should not be punished harshly.

Call Drias Law Group to build a strong defense: (313) 944-0236. Or reach out to us through our online contact form.

The post Drug Crimes Attorney Martin Drias Handles at Drias Law Group appeared first on Drias Law Group, PLLC.

Why you should hire a criminal defense attorney when you face a misdemeanor drug charge mostly boils down to the fact that you lack the knowledge and ability to protect yourself, your family, and your future. The Drias Law Group has helped hundreds of clients who’ve been arrested, and they can help you too.

You Don’t Know Criminal Law

Whether you pay fines and spend months in jail depends on whether the prosecution carries its burden and proves beyond a reasonable doubt that you committed the crime. Do you know what elements need to be proven to be convicted? Do you know the difference between what you’ve been charged with and lesser crimes that may apply? Your freedom and ability to support yourself and your family depends on knowledge of a complex and ever-changing area of law.

You Don’t Know Criminal Law Procedure

How well do you know the Michigan court process? Do you know what will be done at what step? Do you know what you need to do, and when? Failing to do or say things at critical points in the process can result in a loss of your rights, a conviction, and the ability to appeal a decision against you.

You Don’t Know Constitutional Law

When you think about constitutional law, you might think about free speech, freedom of religion, or your right to bear arms. Few people realize that some of the most critical constitutional protections involve the criminal justice system. If your constitutional rights are violated, it can result in evidence being excluded, charges being dropped or reduced. If a police officer or prosecutor violated your constitutional rights, would you realize it?

You Don’t Know How To Negotiate a Plea Bargain

Plea bargain agreements resolve most criminal charges. Generally, that means a defendant agrees to plead guilty in exchange for a given sentence or pleads guilty to a lesser crime with a reduced penalty. Through these agreements, both sides avoid the time, effort, expense, and uncertainty of a trial. How confident are you of your negotiating skills, given spending time in jail may be on the line? Would you know the difference between a terrible and generous plea bargain agreement?

You Don’t Know Whether the Prosecution’s Case Against You and Your Defense Is Strong

Criminal defense is about managing risks. You risk going to jail, and the prosecution risks spending limited resources on a case where you go free. To address that risk, you must know what you’re facing and make decisions to protect yourself best. Though you may see dramatic courtroom drama on TV and in movies, often what breathes life into or cripples criminal charges is an investigation into the facts. We know the potential weaknesses in a case and see if they can be pushed hard enough to break. It may result in a case being dismissed before a trial or provide a plea bargain agreement that’s easy to accept. Without knowing how strong your hand is or what cards the prosecutor is holding, you’ll have to guess what you should do next. If you make the wrong choice, you may end up in jail.

Your Future Is at Stake

Depending on the drug charge, you could spend time in jail and pay a hefty fine if convicted. You could also lose your job, and it may be challenging to find another one. If you’re arrested again in the future, your record can make penalties harsher. You may have made mistakes in the past that lead to your arrest. Don’t make your situation worse by making another mistake and not hiring Martin Drias.

If you’ve been charged with a misdemeanor drug offense, Martin Drias wants to meet with you for a free, confidential consultation. He will treat you with respect, listen to your story, discuss the challenges you face, and explain how he can help.

Call or text Drias Law Group at (313) 944-0236 or reach out via our online contact form.

The post Why You Need an Attorney for a Misdemeanor Drug Charge appeared first on Drias Law Group, PLLC.

To avoid not only the chance of harsh sentencing, but also collateral damage from drug convictions, you need a criminal defense attorney to fight for you. At Drias Law Group, our Michigan attorneys understand how life-changing a drug conviction can be and will work hard to get your charges dismissed, and if that isn’t possible, to get them reduced.

To have the best chance of your charges being dismissed or reduced, however, remember two things:

1. Do not speak to officers or prosecutors. Invoke your right to a silence upon arrest.
2. Exercise your right to an attorney.

If you’ve been charged with a drug offense, don’t delay in seeking our help. Contact us at (313) 944-0236 for a free case consultation.

Getting Charges Dropped or Dismissed

Once you are represented by our firm, we will get to work on your defense. We will gather facts from you and get evidence the state has compiled. By comparing your version of events to the state’s we can look for defenses that can result in charges being dropped or dismissed by prosecutors.

For example, if you were charged with “constructive possession” (i.e., the drugs were allegedly in your control but not on your person) after drugs were found in your apartment, your defense attorney could create reasonable doubt they were yours by explaining to prosecutors that you have three roommates. If the state doesn’t think it could prove it’s case, it may have the charge dropped.

Another way the Drias Law Group criminal defense attorneys could get your drug charges dismissed, is to argue a procedural error, such as an invalid search and seizure. If police violated your Constitutional rights and performed an illegal search, there’s a legal doctrine called the “fruit of the poisonous tree” that throws out all the evidence gathered.

Other ways charges might be dropped or dismissed, is if witnesses for the prosecution are uncooperative or inconsistent. By interviewing the prosecution witnesses prior to trial, we will know if there are problems with their testimonies and can point that out to the state. Prosecutors could decide the case is weak and decide not to pursue.

Plea Deals for Reduced Charges

If we can’t get the charges dismissed or dropped, we’ll work to have them reduced to the lowest charges possible. Getting the charges reduced helps you to avoid the harshest penalties. Although television and movies make it seem as if everyone charged with a crime goes to trial, the truth is most cases do not and are resolved through plea deals in which reduced charges predominate.

Because criminal defense attorney Martin Drias was formerly a prosecutor, he understands the system very well. He knows how to talk to prosecutors to get the best plea deal possible. He knows that prosecutors want to resolve matters prior to trial to save money and the possibility of a bad outcome. Accordingly, they are willing to offer reduced charges.

By pleading to reduced charges, you will face less possible time locked up, lower fines, and shorter probation periods. In addition, if your charges are reduced to where there is no incarceration, it could save your job and prevent any loss or restriction on your child custody.

For those with first offenses, our criminal defense attorneys can work to get you into alternative sentencing programs that provide substance abuse treatment and a chance to have a clean record.

Facing a Michigan Drug Charge? We Can Help

Unfortunately, criminal charges involving drugs are common in Michigan and convictions bring harsh penalties. It is a very serious matter if you are facing drug charges and you need an experienced criminal defense attorney on your side. Having the Drias Law Group fighting for you can make all the difference to your case outcome. We can work to have your charges dismissed and if that isn’t possible, that they are reduced as low as possible.

Contact us today (313) 944-0236 for a free case consultation.

The post Reducing a Drug Charge in Michigan appeared first on Drias Law Group, PLLC.

Contact Drias Law Group to speak with a knowledgeable Detroit defense lawyer. Our firm has represented many clients after being arrested on drug related charges. Do not hesitate to contact our office today at (313) 944-0236.

Serious Charges Follow an Arrest For Fentanyl

Michigan law classifies fentanyl as a Schedule II controlled substance. This means that the state considers it to be a drug that has a high potential for abuse. While there are certain known medical uses for fentanyl, police and prosecutors work hard to punish those in possession of this drug. A Detroit area prosecutor will review the specifics of your arrest before they decide what punishment to pursue. A primary factor in the punishment that you may be facing is the quantity of fentanyl that you have in your possession. Felonies for different quantities of fentanyl are charged as follows:

• Less than 50 grams: A fine up to $25,000 and up to four years in prison.
• Between 50 and 450 grams: Fines not to exceed $250,000 and up to 20 years in prison.
• Between 450 and 1,000 grams: Fines not to exceed $500,000 and a maximum of 30 years in prison.
• Over 1,000 grams: A fine up to $1,000,000 and up to life in prison.

Repeat offenders can face extremely harsh punishments for drug crimes in Michigan. The state is especially concerned about those who may be manufacturing, trafficking, or selling highly addictive Schedule II substances such as fentanyl. You can be sentenced to life in prison on a second or subsequent conviction if illegally possessing over 50 grams of fentanyl. Many things are considered before someone is sent to prison for years. It’s important to understand that you must take a fentanyl arrest in Detroit very seriously.

How a Lawyer Can Defend You After a Fentanyl Arrest

There have recently been many reports of overdose deaths in the United States that involve fentanyl. This has put police and prosecutors under significant pressure to act when someone is arrested with this drug in the Detroit area. People under the influence of fentanyl can serve up to one year in prison even if they are not carrying any more of it in their possession. An experienced Michigan defense attorney can apply their knowledge and experience to the details of your case. Our objective is to protect our clients’ rights through the entire legal process, and this includes having unreasonable charges dropped. Your legal counsel can bring forth evidence of one or several of the following as they seek to defend you after a fentanyl arrest:

• The drugs in question belonged to someone else: People are often arrested due to drugs that they did not know were in their possession. This can happen if someone else leaves fentanyl in your car or home without your knowledge or consent.
• You are a victim of police entrapment: This happens when law enforcement officers cause you to commit an offense that you otherwise would not have committed. Entrapment is a common occurrence when undercover police arrest suspects for drug violations.
• The court should dismiss your guilty plea after a probationary period: Michigan’s 7411 law allows for the court to allow a guilty plea for possession of fentanyl to be dismissed after a probation period. Your lawyer can argue that it’s in the best interest of everyone for your record to be cleared after you successfully complete a court mandated probation program.

A Lawyer From Drias Law Group Can Help You After an Arrest

Thousands of people have died while under the influence of fentanyl over the last few years in the United States. The growth in public awareness of this drug has put a lot of pressure on law enforcement. Police in Detroit work very hard to arrest people in possession of fentanyl. Even having a small amount can result in a very serious criminal case being pursued against you. It’s important to act quickly and seek skilled legal counsel after an arrest. Our firm has investigated many cases of people who have been arrested with fentanyl in Detroit. We understand that prosecutors will be aggressive, and we know how the court will approach the details of your case.

ContactDrias Law Group to speak with a knowledgeable Michigan defense lawyer if you or a loved one have been arrested for fentanyl. We can help you understand your options as we work to have your charges dismissed or greatly reduced. It’s important to act without delay. Contact our office in Detroit today at (313) 944-0236.

The post Arrested With Fentanyl in Detroit? Drias Law Group Can Help appeared first on Drias Law Group, PLLC.

Because these drugged driving cases can be more complicated than alcohol-related charges, retaining experienced legal counsel is critical. Our team at Drias Law Group can assist with your defense, and our efforts are especially effective when we get involved as early as possible. Please contact our office at (313) 944-0236 to set up a free, confidential consultation regarding your case. We can explain how a Detroit marijuana DWI defense attorney is your most valuable asset in fighting driving while high charges. In addition, you may find it helpful to review some background information.

Michigan Drug Laws Versus Driving Regulations

Initially, it’s important to note that state drug crimes and driving laws are two separate concepts. Lawmakers may have legalized marijuana for recreational and medical use, but prohibitions on impaired driving remain in full force and effect. An analogy to driving under the influence of alcohol should put the issue into perspective: Though adults 21 years and older can legally consume alcohol, it’s against the law to drink and drive.

You could be charged with a marijuana DWI under two different statutory definitions in Michigan:

1. Operating While Visibly Impaired (OWVI): If your words, actions, and demeanor indicate that you’re unable to safety operate a vehicle due to use of pot, police can charge you with drugged driving.
2. Operating with Any Presence of a Schedule 1 Drug or Cocaine (OWPD): Regardless of whether you show signs of impairment, you could be arrested for driving while high if there’s any trace of marijuana in your system.

For purposes of OWPD, officials will often rely on the results of chemical testing, such as evaluation of your blood or urine. As you may be aware, Michigan has an implied consent law. There are sanctions for refusing a chemical test. In addition to punishment for a drugged driving conviction, you could also face a one-year driver’s license suspension if you don’t comply with the law.

Penalties for Driving While High

The basic structure of drugged driving laws in Michigan is similar to DUI laws, where an arrest triggers two separate proceedings. On the one hand, there are administrative consequences for your driver’s license; the other case is criminal in nature because OWVI and OWPD are against the law. Potential penalties for a marijuana DWI include:

• First Offense: A maximum of 93 days’ incarceration, a fine up to $500, and a license suspension for six months;
• Second Conviction: Up to 12 months imprisonment, a maximum fine of $1,000, and a 12-month minimum suspension of your driving privileges.

Plus, your sentence could include required hours of community service, accumulation of points on your driving record, substance abuse treatment, and many other consequences. You should note that subsequent convictions increase the penalties considerably, potentially leading to felony charges for a third charge on driving while high. Both drunk AND drugged driving offenses count for purposes of your prior history.

Trust Our Marijuana DWI Lawyers to Learn More About Your Legal Options

If you’ve been arrested for driving while high in Michigan, time is of the essence to retain a highly skilled, knowledgeable attorney. At Drias Law Group, we’re prepared to get started right away on defense strategies aimed at obtaining the best possible outcome in your drugged driving case.

Please call our Detroit office at (313) 944-0236 or our online contact form to learn more about our legal services in a wide range of criminal defense matters.

The post Driving While High Laws – Marijuana DWI in Detroit appeared first on Drias Law Group, PLLC.

Attorney Martin Drias quickly got to work in an effort to prevent the client from being convicted of a felony. After negotiating with the prosecution on his client’s behalf, the drug charge was reduced to simple possession and kept off the client’s record.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

The post Controlled Substance Charge Reduced appeared first on Drias Law Group, PLLC.

If you or someone you love has been charged with a drug crime, you need the assistance of a drug defense attorney. At Drias Law Group, we have helped many clients lessen or exonerate their drug charges. To speak with a skilled Detroit drug lawyer regarding your case, call us today at (313) 944-0236 and schedule a free case evaluation.

Michigan Has Been Reducing Drug Crime Sentences Since the Nineties

In 1998, Michigan overhauled its drug sentencing laws and eliminated most of its mandatory life sentences, replacing them with 10 to 20-year minimums. Michigan further reduced its drug trafficking penalties with a package of bills introduced in 2002. These reforms eliminated the mandatory minimums for many drug offenses that had been introduced in 1998. For example, the penalty for possessing 50 to 224 grams of cocaine, which had been set to a minimum of 10 to 20 years in 1998, passed to a possible prison term of any length up to 20 years. Repeat drug offenders, however, were still subject to the possibility of life in prison without parole.

These tweaks to the mandatory minimums had a significant effect on the Michigan criminal justice system because, at the time, judges were not allowed to deviate significantly from the mandatory minimums mandated in the sentencing guidelines. More discretion was granted to judges in 2015, however, when the Michigan Supreme Court ruled that sentencing guidelines were merely advisory in purpose. For three years now, judges have been free to set sentences that do not strictly follow the guidelines.

Beginning March 2018, Parole Is Available for Some Life Sentences

The Michigan House and Senate unanimously passed the following three bills in the final month of 2017, and they went into effect on March 28, 2018:

• Senate Bill 73 – Deletes a provision from the Public Health Code requiring life imprisonment and prohibiting parole for repeated controlled substance violations.
• Senate Bill 72 – Amends the Corrections Code to allow prisoners serving life sentences for the offenses addressed in Senate Bill 73 to be eligible for parole after serving five years of each of their sentences.
• Senate Bill 220 – Amends the Code of Criminal Procedure to reflect the above changes.

Call a Michigan Drug Defense Lawyer For Help With Your Drug Charge

Today, Michigan judges determine sentences for drug offenders based on the sentencing guidelines and the facts and circumstances specific to each case. This means that the advocacy of an experienced Detroit drug attorney can make a big difference. At Drias Law Group, our primary goal is to achieve case dismissals or acquittals. But, if your case proceeds to sentencing, we are often able to lessen a conviction by highlighting mitigating factors that apply to your case. If you or a family member is facing Michigan drug charges, contact us today at (313) 944-0236 for your free, initial consultation.

The post New Michigan Law Removes Life without Parole Drug Sentences appeared first on Drias Law Group, PLLC.

Unfortunately, the producers of fake weed often change the formulas of their products to bypass the law. This puts users at high risk for purchasing potent or poor batches of synthetic marijuana, which may lead to life-threatening injuries and even death.

If you have questions or are charged with a drug crime, you should reach out to Martin Drias, an experienced Detroit drug lawyer at Drias Law Group.

For a free consultation, call (313) 944-0236 today.

Common Side Effects and Injuries

K2 can be sprinkled on shredded plant material and smoked or consumed through an e-cigarette or another device such as a vaporized liquid. Irritability, aggressiveness, and severe depression are some of the most common side effects of fake weed. In some cases, this substance can also lead to:

• Seizure
• Stroke
• Heart attack
• Brain damage
• High blood pressure
• Blurred vision
• Back and stomach pain
• Death

Recent Increase in K2 Related Deaths

Recently, fake weed has led to 56 cases of severe bleeding, two of which have led to fatalities across Chicago and other areas in Illinois. Sadly, these cases required hospitalization due to a bloody nose, coughing up blood, blood in urine, and other severe symptoms. The Illinois Department of Public Health also found that nine of these cases tested positive for rat poison.

Dr. Nirav Shah, the director of the Illinois Department of Health, explained that the number of K2 injuries and deaths continue to increase. The department is currently collaborating with the Centers for Disease Control and Prevention and other partners to try to find common products with K2.

In 2016, the Morbidity and Mortality Weekly Report, which was published by the Centers for Disease Control and Prevention found that the use of fake weed significantly rose between 2010 and 2015. Physicians treated 456 patients for serious injuries caused by K2 during this time frame.

How Are Synthetic Drugs Viewed in Michigan?

Michigan law considers synthetic drugs as controlled substance analogues. Synthetic drugs are similar to controlled substances and have a narcotic, depressant, stimulant, or hallucinogenic impact on a user.

Although they are similar to Schedule 1 and 2 controlled substances, they are not listed under these controlled substance schedules. While K2 is one of the most common types of synthetic drugs in the state, Michigan residents also use:

• Ketamine or Special K
• GBL
• Synthetic PCP
• Synthetic heroin
• Bath salts

Penalties for Synthetic Drug Crimes in Michigan

Michigan takes synthetic drug crimes seriously. If you are convicted of using synthetic drugs, you may face costly fines of up to $1,000, one year in jail, and a loss of your driver’s license. Possession of synthetic drug crimes are felonies that may be punishable with a prison sentence of up to two years and fined up to $2,000. In the event you are convicted of trafficking a synthetic drug, you may be left with up to 15 years in prison and a fine of up to $250,000.

Regardless of whether you are charged for using, possessing, or trafficking fake weed or another synthetic drug, you’ll damage your criminal record and find it difficult to secure a job, rent a place to live or keep your professional license.

Why Consult a Detroit Drug Lawyer

If you are charged with the use, possession, or trafficking of K2, you should know that your future is at stake. For a chance at improving your situation and avoiding a conviction, you should consult an experienced lawyer immediately.

Attorney Martin Drias from Drias Law Group can investigate the details of your case and design a solid defense strategy. Some of the defenses he may use include:

• You did not know the fake weed was in your possession. For instance, it may have been slipped into your purse or on your person without your knowledge.
• You lacked the possession of the fake weed. For example, if the K2 was discovered in your home that you share with a friend and you don’t have access to the area it was found in, you had no control over the drug and should not be found guilty as a result.
• The substance was misidentified and is not fake weed or another synthetic drug.

Contact Drias Law Group

If you have been charged with a fake weed crime, you should reach out to Detroit drug lawyer Martin Drias. With extensive experience as a previous prosecutor and knowledge of Michigan drug laws, you can increase your chance of ensuring a favorable case outcome. Contact (313) 944-0236 today to arrange a free and confidential case assessment.

The post Fake Weed Causing Death in the US – What You Need to Know About K2 appeared first on Drias Law Group, PLLC.

If a drunk driving charge is threatening your future, our experienced legal team at Drias Law Group can help. We will vigorously fight on your behalf and help you build a strong defense.

Call a Michigan DUI lawyer today at (313) 944-0236 to set up a free initial consultation. We have experience handling DUI cases in Detroit, Flint, Port Huron, Southfield, and more.

Issues Involving DUI and Immigration Status

If you have received a DUI, immigration authorities that conduct checks on the status of current immigrants will likely discover your charge. It will be reflected as a negative point on your record, and it could be placed before a judge in immigration court and serve as grounds for a revocation of your green card status. Therefore, you could eventually be deported for a DUI.

The Immigration and Nationality Act (INA) designates specific crimes that may precipitate the deportation of a legal immigrant. Any of the following crimes that are committed in conjunction with a DUI could trigger eventual deportation:

• Conviction of a crime of moral turpitude within five years of admission into the United States or within 10 years of receiving legal permanent resident status
• More than one criminal conviction of crimes involving moral turpitude
• Conviction of a crime involving controlled substances
• Conviction on an aggravated felony charge

The circumstances of your case will determine if your DUI falls into one of these categories. A DUI by itself is not considered a crime of moral turpitude under the law. The immigration judge in your case will decide if ordering you to be deported for a DUI is applicable under these guidelines.

VISA Holders

If you have an up-to-date visa in the United States and you are arrested for DUI, you run the risk of having your visa revoked, even without a conviction. The U.S. State Department has given consular officers guidance that when a DUI arrest is discovered, the individual’s visa should be immediately revoked.

However, this does not mean you will be immediately deported after a DUI arrest. Your visa will remain valid until it expires as long as you remain in the United States. However, if you receive a revocation, any currently held visa you have will not be acceptable for future travel. If you do need to travel outside the country, you will be required to reapply for a new visa before you are permitted back into the United States. It’s important to also keep in mind that a DUI conviction can serve as grounds to refuse your reentry.

Call a Skilled Detroit DUI Attorney Right Away

At Drias Law Group, our attorneys have the knowledge and experience to create a strong defense on your behalf. Contact a MichiganDUI attorney right away to discuss your legal rights and options. We have experience handling DUI cases in Detroit, Flint, Port Huron, Southfield, and more. We will fight for your rights. Contact us today at (313) 944-0236 to set up a free consultation.

The post Can I Be Deported for a DUI? appeared first on Drias Law Group, PLLC.