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Wayne R. Foote
The Law Offices of Wayne R. Foote, P.A
273 Hammond Street
Bangor
ME 04402-1576
1.800.NOT.DRUNK
Website(s):
Maine OUI Defense Lawyer, Wayne Rodgers Foote has successfully represented hundreds of people charged with crimes. His practice is limited to criminal defense in both state and federal court. He specializes in defending people charged with OUI and other drinking and driving offenses. Mr. Foote is a passionate defender of his clients and the Constitution. He is recognized as one of the best OUI defense attorneys in the State of Maine.
He has received Certificates of Achievement for successful completion of the National College for DUI Defense, Inc."s Summer Sessions in 1998, 1999, 2000, 2001, 2003, 2005 and 2006; Mastering Scientific Evidence in DUI / DWI Cases in 2002 and 2005: Florida International University�s Breath Analysis Forensic Workshop in 2004, and NACDL�s DWI training session in 2005. Mr. Foote is also certified by the USDOT as a Maintenance Technician and Operator for the Intoxilyzer 5000.
Mr. Foote is a Sustaining Member of the National College for DUI Defense, Inc. and the Maine State Representative for that organization. He is a member the National Association of Criminal Defense Lawyers. He is a Charter Member, past Vice President and past Director of the Maine Association of Criminal Defense Lawyers. Mr. Foote teaches seminars to attorneys on the subjects of OUI / DUI defense, state and federal criminal defense and the Federal Sentencing Guidelines. He has lectured at the University of Maine in graduate level courses on the subjects of scientific evidence and the use of expert witnesses, and undergraduate courses in constitutional law. Mr. Foote is admitted to practice before the United States Supreme Court. He is also a member of the United States Court of Appeals for the First Circuit, the United States District Court for the District of Maine, State of Maine and Passamaquoddy Tribal bars
Maine DUI / DWI Defense Attorney Wayne R. Foote is always available for a free consultation by calling 1.800.NOT.DRUNK . The call and consultation are always free.
Traveling to Canada and a DUI
A DUI can cause serious problems if you intend to travel to Canada. Under Canadian law a DUI can make you an “inadmissible person.” An “inadmissible person” is a person who cannot visit or stay in Canada because they have “committed” or been “convicted” of certain crimes in, or outside of, Canada. Generally, these crimes are ones that are indictable under Canadian federal law.
Crimes that make a person inadmissible include any impaired diving offense, whether it is called OUI, DUI, DWI, DWAI, or something else. Since refusing a blood, breath or urine test is an indictable offense in Canada, a person who refuses a test in the United States is inadmissible, even if it is not a crime in the state where the refusal occurred. Since the rules regarding inadmissibility include offenses that a person has “committed,” an administrative suspension will trigger inadmissibility, in some cases even if there is never a DUI conviction.
You are inadmissible for entry into Canada if any one of the following things has happened:
- A conviction for an impaired driving offense;
- An administrative license suspension from a state’s motor vehicle department for having and excessive blood alcohol level;
- A conviction or administrative license suspension for failing to take a blood, breath or urine test;
- An outstanding warrant for any of the above; or
- Pending charges, a trial or other proceedings for any of the above.
The United States government is sharing driver license and court record databases with Canadian immigration. If you are traveling to Canada you must assume that the Canadian government will find out about a conviction, suspension or pending charge.
An inadmissible person can still legally gain entry into Canada by one of the following means:
- If ten years have passed since the last court-ordered event, including a suspension or imprisonment, and you have no other indictable offenses on your record, you are deemed to be rehabilitated. If you have any question about whether you have been deemed rehabilitated you should contact your local Canadian consulate.
- If five years have passed since such an event, or you have committed or been convicted or more that one indictable offense and five years have passed, you may apply for rehabilitation status. This requires the submission of an application that includes various documents and payment of a fee.
- If less than five years have passed there are two options for entering Canada. Both options require payment of a fee:
- You can apply for a temporary resident permit. These permits are granted in some circumstances.
- A senior immigration officer or an adjudicator may grant entry by issuing a minister’s permit that is valid for up to thirty days. The permit is subject to any terms and conditions as the officer deems appropriate. The decision whether to grant a permit is left to the discretion of the immigration officer. You may be turned back at the border if the officer chooses not to grant you a permit.
There are certain important things to keep in mind if you think you may be inadmissible:
- If you are inadmissible, you are not permitted to enter Canada, even if you do not plan to drive in Canada.
- Inadmissibility is a status created by Canadian law. It is a crime to enter Canada without a permit if you are inadmissible. If you violate this law you can be arrested, imprisoned and/or deported.
Note: The author does not practice law in Canada. This article is advisory, only. If you have a question regarding Canadian law and inadmissibility you should contact an attorney who is licensed to practice law in Canada and/or the Canadian consulate in your area.
*counties represented: Oxford, Washington, Cumberland, York, Kennebec, Lincoln, Knox, Hancock, Androscoggin, Somerset, Sagadhoc, Penobscot, Waldo, Aroostook, Franklin, Piscataquis,