DUI Folks ..Log your concerns here

Policer officer didnt take or ask for BAC tests for me. I am sure VO went through my case details thoroughly.

I had Canadian Visa before this happened. So, I was lucky in this case. Please ask a good lawyer before you go for Canadian VISA.
 
Please help me with my DUI case

I had a clean record but one day I got in to an accident when driving drunk and sleepy (No injuries to anyone) I didn't get arrested nither the police suspended my driving licence because in the accident I got unconsious and they took me to the hospital for few hours the after 5 days I got another accident but I was not drunk this time and police just gave me $175 ticket and I paid that next day. I went to India for family emergeny and while I was there my wife told me that I got a court date for DUI charge. I hired a DUI lawer over the phone and asked him to extend the date of hearing since I was not in US he extended the date to Dec 4th. I came back to US on Payrole my i485 is pending but I have already received my EAD card. I don't know what will happen in the court yet and I am too much worried about what DUI panelties will come to me , will they deport me or deny my GC application , will they put me in a jail and suspend my driver licence Please if someone can help me and advice what should I do and what will happen. Please email me asmanu2001@yahoo.com
 
Last edited by a moderator:
I had a clean record but one day I got in to an accident when driving drunk and sleepy (No injuries to anyone) I didn't get arrested nither the police suspended my driving licence because in the accident I got unconsious and they took me to the hospital for few hours then after 5 days I got another accident but I was not drunk this time and police just gave me $175 ticket and I paid that next day. I went to India for family emergeny and while I was there my wife told me that I got a court date for DUI charge. I hired a DUI lawer over the phone and asked him to extend the date of hearing since I was not in US he extended the date to Dec 4th. I came back to US on Payrole my i485 is pending but I have already received my EAD card. I don't know what will happen in the court yet and I am too much worried about what DUI panelties will come to me , will they deport me or deny my GC application , will they put me in a jail and suspend my driver licence Please if someone can help me and advice what should I do and what will happen.
 
Does chennai consulate have electronic fp check !!

Guys,
Even though this forum is a DUI forum, I thought I will get some answer for my questions.
My background -- I have a Simple battery 242 PC, conviction in 2006 for an arrest related to D.V in 2005. I had recently applied for I-485 and received my E.A.D and I am in the process of getting my Advance Parole Visa soon.
I was talking to an immigration attorney and he suggested me that I should also apply for my H1-B visa. Since I am from the south, I had to goto the chennai consulate for my H1-B stamping. On the DS-156, since, I have to declare "YES" to the arrest question, does any body know how long will the consulate take to get FP results. I knew that Delhi consulate has electronic finger printing system and they can get the results in 2 weeks. I can only get a 2 weeks vacation and I don't have any idea on how long does the chennai consulate take for processing the H1-B with an arrest record. Any body knows the answer, please post it. I have already spent 30 grand on this arrest and don't like to spend any more on these attorneys....
 
I had a clean record but one day I got in to an accident when driving drunk and sleepy (No injuries to anyone) I didn't get arrested nither the police suspended my driving licence because in the accident I got unconsious and they took me to the hospital for few hours then after 5 days I got another accident but I was not drunk this time and police just gave me $175 ticket and I paid that next day. I went to India for family emergeny and while I was there my wife told me that I got a court date for DUI charge. I hired a DUI lawer over the phone and asked him to extend the date of hearing since I was not in US he extended the date to Dec 4th. I came back to US on Payrole my i485 is pending but I have already received my EAD card. I don't know what will happen in the court yet and I am too much worried about what DUI panelties will come to me , will they deport me or deny my GC application , will they put me in a jail and suspend my driver licence Please if someone can help me and advice what should I do and what will happen.

Search the forums here, I recall Rajiv answering a similar question during one of his conference calls, so I would check there also. Depending on the state you live in, it may be considered a misdemeanor if this is your first offense.
 
DUI 1st Offense - Aftermath Confusion - Please help

Charges - DUI, Reckless Driving
Location:- New Jersey
Date/Time:- Nov 5th, 2007 /1.30AM
BAC - 0.16(Can't remember exactly-somewhere close but not more than that)
Attorney - Hired
Payment - $3500 so far (max - $6000)
Court Date - Attorney says we are at the mercy of the court....no date yet
On the night of the incident:-
1) pulled over for driving on the wrong side of the road
2) arrested, was taken to the jail, took breath test, let free after 2 hrs
Case Status - Filed no guilty plea
Visa Status - H1B, expires in July 2008
H1B Status - expires in Jan 2009
Job Profile - software consultant(contractor)
Job Location - Changes from contract to contract
Residence - No Permanent Residence(currently- new jersey)
Drivers Licence - Illinois Drivers license
Age - 30
marital status - single(before dui was planning to get married in early 2009)
looks like i am in a big mess now
Present Contract expires - Feb 2009
Please help me with the following questions. your feedback would take off a lot of stress of me.

1) What if i can't find a contract in new jersey and had to move a different state after my contract expired? does the court going care about my situation?
2) Can i travel outside the country(india) meanwhile(before the court date), as of now the court date could take months?
3) As my visa is expiring(if i don't get court date till then), can i go to mexico or canada for stamping?
4) For how many years DUI going to be on your record? does DUI expungement process would be helpful in anyway?
5) Is my DUI record going come in employers BACKGROUND check? is there a way to avoid that?
6) In these kind of cases, does having a good attorney or bad attorney really matters?
7) I am not happy with my attorneys response. i have no idea what's going on with my case. everytime time i call he would say, he would update me if anything changes. i am getting really frustrated. what do

you guys recommend? do i have to change my attorney?
8) how long would it take to get a court date after the dui incidient? is there any time period?

I would really appreciate if you guys take some time and respond to my questions.
 
These responses are based out of my research. I am not a expert in any way.

1) What if i can't find a contract in new jersey and had to move a different state after my contract expired? does the court going care about my situation?

No idea about that.

2) Can i travel outside the country(india) meanwhile(before the court date), as of now the court date could take months?

Do not travel unless the case is closed.

3) As my visa is expiring(if i don't get court date till then), can i go to mexico or canada for stamping?

Ask your lawyer to expedite citing immigration reasons. Explain hardship you will face. Canada is ruled out bcoz of DUI. Mexico might be a good option but again close the case before leaving the country.

4) For how many years DUI going to be on your record? does DUI expungement process would be helpful in anyway?

Depends on the conviction. But record will be forever I guess unless expunged. Expungement can only begin after you complete all court orders. You probabaly need to wait for a couple of years too.

5) Is my DUI record going come in employers BACKGROUND check? is there a way to avoid that?

Yes, it will. Check with the arresting agency if they share DUI arrests with FBI. As regards employers background check, expungement can help but immigration will continue to see the record.

6) In these kind of cases, does having a good attorney or bad attorney really matters?

Definitely matters. In your case a good attorney can probably get the charges reduced to at least a 'per se' offense, which is BAC in between 0.08 and 0.15 in most states. THis conviction will probably not have a sentence of more than 12 months (whether suspended or not this is very important). DO not settle for a sentence of more than 12 months.

7) I am not happy with my attorneys response. i have no idea what's going on with my case. everytime time i call he would say, he would update me if anything changes. i am getting really frustrated. what do you guys recommend? do i have to change my attorney?

Good Attorney is crucial. Dont hesitate to spend money now. It can save you a lot of hardship.

8) how long would it take to get a court date after the dui incidient? is there any time period?

Depends on court, but keep on trying for a fast resolution. They will understand.

I would really appreciate if you guys take some time and respond to my questions.[/QUOTE]
 
hello h1binmaking,
thank you so much for your timely response. i am really grateful for that. may be you can help me with the following.

8) how long would it take to get a court date after the dui incidient? is there any time period?
you:
Depends on court, but keep on trying for a fast resolution. They will understand.
me:
how do i do that? can i approach the court directly?

5) Is my DUI record going come in employers BACKGROUND check? is there a way to avoid that?
you:
Yes, it will. Check with the arresting agency if they share DUI arrests with FBI. As regards employers background check, expungement can help but immigration will continue to see the record.
me:
finally started of thinking of looking for full time and this happened. so how serious are employers going to take this issue? will that affect their decision in offering a job?
 
hello h1binmaking,
thank you so much for your timely response. i am really grateful for that. may be you can help me with the following.

8) how long would it take to get a court date after the dui incidient? is there any time period?
you:
Depends on court, but keep on trying for a fast resolution. They will understand.
me:
how do i do that? can i approach the court directly?

Normally, your attorney should contact the District Attorney and explain your situation. Thats why a good attorney is a must. In my case, I had to relocate so my layer got my pretrial conference date preponed by a month. If this is not working out, try writing a letter to the court explaining the situaion, be polite and respectful and enclose copies of documents (expiring visa etc)



5) Is my DUI record going come in employers BACKGROUND check? is there a way to avoid that?
you:
Yes, it will. Check with the arresting agency if they share DUI arrests with FBI. As regards employers background check, expungement can help but immigration will continue to see the record.
me:
finally started of thinking of looking for full time and this happened. so how serious are employers going to take this issue? will that affect their decision in offering a job?

I believe 20% of males here in the US have at least one DUI arrest, so this is nothing employers have not seen before. First thing - try to get the lower offense - per se. Then make a story and be prepared to explain that it was an isolated one time experiece and a mistake you will never repeat. Employers will only see the charge and the disposition. You dont have to share specifics of the incident like BAC level. My suggestion - go into the process as if nothing has happened - create your impresion build some good relation and when it comes close to being final - write a nice letter proactively - that will show an honest intent. Most ppl will understand.
 
duiguy

Well i didnt realize earlier that you alreday have a visa stamp valid until jul2008. you are probably good to travel if you do not have to apprear to any kind of visa intervoew at a consulate. My advice of traveling only after the case is closed was considering that you have to appear for an interview at the consulate. There is only a small hitch, your arrest might pop up at the port of entry when you return - i m not sure. If your details are not shared until the case is not disposed it might even not but I am not sure. If you have an immigration lawyer, get their advice, its very important,
 
Does chennai have electronic FBI back ground checking ?.

I believe lot of DUI folks who went to chennai consulate for H1-B stamping may know this answer. Does chennai consulate is taking electronic finger prints or ink marks for doing the FBI background check ?. The chennai consulate indicates that they charge $85 for taking electronic finger prints. I am assuming that it should electronic , since Delhi consulate which takes electronic finger prints also charge the same amount. Guys, please answer this question, if you have been to the chennai consulate and gone through the finger prints recently. I don't know about the finger prints taken for the BIO-Visas.
 
1st Offence DUI is not a CMT !!.

I had a clean record but one day I got in to an accident when driving drunk and sleepy (No injuries to anyone) I didn't get arrested nither the police suspended my driving licence because in the accident I got unconsious and they took me to the hospital for few hours then after 5 days I got another accident but I was not drunk this time and police just gave me $175 ticket and I paid that next day. I went to India for family emergeny and while I was there my wife told me that I got a court date for DUI charge. I hired a DUI lawer over the phone and asked him to extend the date of hearing since I was not in US he extended the date to Dec 4th. I came back to US on Payrole my i485 is pending but I have already received my EAD card. I don't know what will happen in the court yet and I am too much worried about what DUI panelties will come to me , will they deport me or deny my GC application , will they put me in a jail and suspend my driver licence Please if someone can help me and advice what should I do and what will happen.

Asmanu, DUI is not a Crime of Moral Turpitude (CMT), if this is a first offense. You will not be deported. That is for sure. Only CMT convictions will be subjected to deportation and denial of entry to U.S. Please don't stress out.
 
Charges - DUI, Reckless Driving
Location:- New Jersey
Date/Time:- Nov 5th, 2007 /1.30AM
BAC - 0.16(Can't remember exactly-somewhere close but not more than that)
Attorney - Hired
Payment - $3500 so far (max - $6000)
Court Date - Attorney says we are at the mercy of the court....no date yet
On the night of the incident:-
1) pulled over for driving on the wrong side of the road
2) arrested, was taken to the jail, took breath test, let free after 2 hrs
Case Status - Filed no guilty plea
Visa Status - H1B, expires in July 2008
H1B Status - expires in Jan 2009
Job Profile - software consultant(contractor)
Job Location - Changes from contract to contract
Residence - No Permanent Residence(currently- new jersey)
Drivers Licence - Illinois Drivers license
Age - 30
marital status - single(before dui was planning to get married in early 2009)
looks like i am in a big mess now
Present Contract expires - Feb 2009
Please help me with the following questions. your feedback would take off a lot of stress of me.

1) What if i can't find a contract in new jersey and had to move a different state after my contract expired? does the court going care about my situation?

You should try and get the court process expedited based on your concerns. It might be difficult to get the case moved to a different county or state. One way to expedite, of course, is to plead guilty. Not a course of action I'd recommend unless your attorney thinks you have no chance of winning or getting a reduced plea (which is often the case in DUI cases).


2) Can i travel outside the country(india) meanwhile(before the court date), as of now the court date could take months?

Technically, you can and by the letter of the law, the POE officer has to let you back in. However, this is a way of inviting trouble as many POE officers will hassle you when you are trying to come back in with a pending criminal case. They might even deny you entry. If you have to apply for a visa while outside the country, I would even more strongly encourage you to close the court case before traveling.


3) As my visa is expiring(if i don't get court date till then), can i go to mexico or canada for stamping?

Canada does not allow in those with a DUI in the past 5 years, after which you can go through a special rehabilitation process by paying a fee. I would rule Canada out. On Mexico vs. India: I'd recommend India. There is strong precedent for many people with a 1st DUI getting visas approved in India, and plus, if something goes wrong at least you are home and can file appeals etc from there. If the American consulate in Mexico denies your visa, you will have a more difficult time filing the correct appeals etc.


4) For how many years DUI going to be on your record? does DUI expungement process would be helpful in anyway?

Depends on the state -- many states allow expungement after the probation period is over. The probation period depends on your sentencing and on the state statutes, but it is typically 1 - 3 years in a DUI case. Expungement allows you to then legally answer "no" to a question about whether you have been arrested or convincted on all private job applications etc. However, from an immigration standpoint, expungement doesn't help since you still have to answer "yes" to such questions on all forms by the government, including INS forms. Even for private jobs, expungement is of limited value (see my answer to background check below)


5) Is my DUI record going come in employers BACKGROUND check? is there a way to avoid that?

Yes, this will show up on employer's background checks. Expungement may prevent the court record from showing up, but the DMV record showing the DUI on your driving record will probably show up for the next 7-10 years, depending on the state. Even the expunged court record could follow you around. Since many employers use a private agency to do background checks, these private agencies' databases usually scan the court records every month. While your record is active, it will probably pick up your conviction now, and then not erase it when the record is expunged.

As a previous poster recommended, the best way to treat this on job applications is to be upfront about it. Ask to meet with a businessperson (not an HR person) after you get the offer, and mention, without making a big deal of it, "You will find a perfectly clean record on the background check except for one DUI in 2007 in NJ. It was poor judgment, I had had 1 or 2 drinks socially, and had a low BAC (if this is true)." I am not sure what most employers in your field will do. In many fields where driving is not part of the job, many employers will still hire you. Some percentage of employers may have an HR policy not to hire anyone with a criminal conviction in the past 5 yrs where you will not get the job. In certain other case, if you are borderline, this information might make them reject you and give the job to someone else instead. So, wait until after you have the offer to volunteer this information. No employer runs a background check until after the offer is extended, so this should be a safe strategy. Most employers cannot legally rescind an offer because of a criminal conviction that doesn't affect your performance on the job, but it remains a risk. One more thing to worry about in what is probably already a very competitive job search. Good luck!

6) In these kind of cases, does having a good attorney or bad attorney really matters?

Yes. A good attorney who is familiar with the local courts can assess your case and advise you on whether you can take it to trial and beat the charge entirely, or get the charge reduced to reckless/negligent driving, or at the very least, help you tailor the process to suit your circumstances -- e.g. set an early court date, get a reduced sentence with no jail time etc. So yes, please invest in a good attorney -- this can make a big difference in the outcome or at least to your peace of mind during the process.


7) I am not happy with my attorneys response. i have no idea what's going on with my case. everytime time i call he would say, he would update me if anything changes. i am getting really frustrated. what do

Doesn't sound like you have great representation. You can check certain websites that list the best DUI attorneys in the country by state, or do some Google searches for good DUI attorneys in your area. I would then call each of them, and then interview them in person before making a choice.

you guys recommend? do i have to change my attorney?

8) how long would it take to get a court date after the dui incidient? is there any time period?

Depends on the county, and the procedures and backlog there. Sorry can't be more helpful here.


On a final note: I have been through this experience last year in a similar situation to yours. It is frightening, especially for those of us with immigration angles to worry about. All I can say is stay calm, and go through the steps. Eventually, mostly everything will work out. It can be a stressful period, so turn to friends and family and other things that can help you navigate these waters safely. Good luck!
 
risto,
thank you for your response. some of friends say that employers usually look for criminal records and are different from dmv records. if that's the case is dui a criminal offense? let me know. thanks again
 
hi Dui_recent

Hi Dui_recent,
I had a dui from new jersy last year and have been thru the whole shit. Only diffrence was that I still had to get my visa stamped. I got it done finally last month (I went to mumbai consulate, I have posted my expirience in this forum). My lawyer was able to get my charges from a higher tier to a lower tier (3months suspension from 7 months) and also removed 2 more tickets I had. I thought he reperesented me in a good way. Let me know if you need any help/info/advice on this whole process.

Thanks.
 
hi milindis,
thank you for your response. may i have your attorney details. if you can share your personal email id, that would be great. just in case if things don't have fast...i am thinking of changing my attorney. also i have one more question for you which i have posted earlier in my posts. i am a software consultant. as you know i don't have a permanent residence and i have to different places depending where i get the contract.
my current contract may expired in december last week (not quite sure). In that case if i get a contract for suppose in texas, can i move to texas before the court date? there is no guarantee that i can find another contract only in new jersey. so what are my options? thanks so much for your time again.
 
Impact on GC?

Filed for 485, EAD, AP in July 2007
EAD Received in Sept 07
Biometrics / FP notice recd and fingerprinting completed in Aug 07
First DUI in Dec 07 in CA - I am contesting and will be represented by one of the best attorneys in this field. Based on facts, I don't think that I will win but am hoping for negotiating a settlement.

Questions:
Is there anything that I should do or not do, so that this has the least impact on GC?

For instance, should I let this go to trial and delay the case for next few months? Or should I quickly settle and close the case?

Will it help to negotiate a smaller probation of let's say 1 year. The usual in CA is 3 years.

How will this impact my 485? Will I receive a notice asking for explanation? I understand from this thread that I will receive an interview for sure?

Should I even apply for an H1 extension or use my EAD going forward? I haven't recd AP as yet. Can this incident impact the AP?

Please help by providing whatever information you can based on your experience or whatever you may have read or heard. Thanks!
 
H1 Stamping in New Delhi

Guys,

I am going to New Delhi for my stamping in February (1st week) 2008. I have been convicted of a DUI in December 2006. The case is closed now, I have paid all the court costs, and fines. Done community service, DUI school. I have the paperwork from the court, police report etc. proving that I have paid all the dues and completed my sentencing.

I have a few questions:

1) How long does it usually take for H1 stamping in this case assuming that the 'panel of physician' is been referred. I am going for 5 weeks, and that is the max I can get.

2) Will it help if I have the DD for $85 (for finger printing) in hand when I go for the interview. I am assuming that they ask for it once the come to know about the DUI case.

3) Will I need to book the dates again for subsequent trips to the consulate if I have to (after physician evaluation).

Thanks.
 
i got pulled over a month ago in PA for DUI. legal limit is 0.08, i was 0.09. first offense..no prior history. Im on EAD, going back home in august-ish. if i plead guilty worse thing they do is $300 fine, 6 months probation. If i go for ARD programme, they expunge my record after I fulfil all commitments. But this takes time. Since DUI is not an inadmissible offence, should i plead guilty? If they say ARD cleans your record, does that mean I dont have to say yes on DS156 question? Lastly, how does a US dui affect visa for other countries, especially UK?

please advise
 
Top