Originally Posted by
Robman090
http://www.owidefenselaw.com/laws/zero_tolerance.html
That is the link explaining the law.
The only reason I think I might not have a problem is because by Michigan law the Zero tolerance charge is only counted as a DUI if I ever get a Real DUI/OWI charge...so like hypothetically if I was to get pulled over tonight for drunk driving...it would count as my second DUI because of my zero tolerance charge...but I don't think the zero tolerance alone shows up as a DUI on my record? Remember that is just hypothetically speaking..I haven't drank since the night i was pulled over and I have no plan in the future to either.
yyzvoyager, the specific Michigan Statute is MCL 257.625(6).
A person who is less than 21 years of age, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state if the person has any bodily alcohol content. As used in this subsection, "any bodily alcohol content" means either of the following:
More than 0.02 but less than 0.08 for anyone under the age of 21.
(a) An alcohol content of 0.02 grams or more but less than 0.08 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, or, beginning October 1, 2013, the person has an alcohol content of 0.02 grams or more but less than 0.10 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
"Recognized religious service" exemption.
(b) Any presence of alcohol within a person's body resulting from the consumption of alcoholic liquor, other than consumption of alcoholic liquor as a part of a generally recognized religious service or ceremony.
This is problematic since Ontario allows drinking at age 19, so his offense is not a violation in Ontario, but it is in Michigan. Many under 21 go to Windsor to visit pubs south of the border, then drive home. A few years back, Michigan cops were waiting just the other side of the tunnel on the Detroit side and stopping drivers who appeared under age and giving a breath test. It was widely reported in the Detroit Free Press.
The precise title of the Michigan Motor Vehicle Code section involved is:
300-1949-VI-DRIVING-WHILE-INTOXICATED-AND-RECKLESS-DRIVING
To the OP: I think you would be better off discussing this with a lawyer skilled in both the Michigan Motor Vehicle code and the Canadian rules and regulations and immigration. There are a number of these in Detroit who will probably know their counterparts in Windsor.