DUI Folks ..Log your concerns here

c) Most importantly- what should i answer on the form 485 (for immigration) and DS 156 (for H1 renewal) which says have you ever been arrested for any crime excluding traffic violation? FYI- A DWI in New Jersey is not a felony. Unlike other states, New Jersey does not use the terms felony and misdemeanor. A DWI is a motor vehicle charge and is considered a
quasi-ciminal charge and it goes in the motor vehicle records database, which is a separate database and NOT in the criminal record database.


Vineet,
The answer is Yes to the question "Have you ever been arrested?" because you have. Somehow they already know that. Don't be afraid of answering "yes" on the form DS156 and I-485 as the 1st dwi is neither a deportable nor inadmissable crime. It only delays the process.
Always be honest with INS.
 
vineet381 said:
c) Most importantly- what should i answer on the form 485 (for immigration) and DS 156 (for H1 renewal) which says have you ever been arrested for any crime excluding traffic violation? FYI- A DWI in New Jersey is not a felony. Unlike other states, New Jersey does not use the terms felony and misdemeanor. A DWI is a motor vehicle charge and is considered a
quasi-ciminal charge and it goes in the motor vehicle records database, which is a separate database and NOT in the criminal record database.
Click to expand...

Vineet,
The answer is Yes to the question "Have you ever been arrested?" because you have. Somehow they already know that. Don't be afraid of answering "yes" on the form DS156 and I-485 as the 1st dwi is neither a deportable nor inadmissable crime. It only delays the process.
Always be honest with INS.
 
Got Arrested Under DUI

Guys,

I got arrested for DUI ,complete case being :-

Charges :- DUI , Breaking a traffic Light
BAC :- .12
State :- NY
Case to brought up befre a Judge on 24'th

I am not sure on how to proceed now, I took the breadth test already and state would obviously present that as an evidence. I am not sure if I should plead guilty or innocent. I am here on L1-B and what impat its going have on my job is a question too.

Tried talking to people who have been in the similar situation, got all sorts of replies. A fren said she was arrested for DUI with BAC around .16 and her lawer got it reduced to AI. Not sure if thats fact or fiction.

At this point I am deeply troubled and particular worried about how this case would affect my professional carier. I am due to leave in the next couple of months and was planning to get back here for my masters.

I would deeply appritiate your advise on below questions :-
1. What should I do, plead Guilty or not Guilty?
2. If convicted, would it have an affect on my future application for a student or H1B visa?

Please do advice.

Thanks
 
nj_dui said:
Thanks Vineet for your reply. I just talked with geico about the quotes and to my surprise they offered me at a decent rate. So I'm gonna go with geico. You know funny thing is I was insured with geico 2 years back then I changed to cure and now here I'm again with geico.

And to your question to duiguy_recent about court disposition letter: you can go to the court where your case was handeled and at the clerk's office you can get the disposition letter. Just ge there and ask for it. It hardly takes 15 mins for them to prepare it.I got mine sometimes back from Woodbridge court . They charged me $10 fot that. And you can get the NOC letter from local police station. Good Luck.
Click to expand...

Thank you for the response! appreciate it :)
 
abhi99 said:
Guys,

I got arrested for DUI ,complete case being :-

Charges :- DUI , Breaking a traffic Light
BAC :- .12
State :- NY
Case to brought up befre a Judge on 24'th

I am not sure on how to proceed now, I took the breadth test already and state would obviously present that as an evidence. I am not sure if I should plead guilty or innocent. I am here on L1-B and what impat its going have on my job is a question too.

Tried talking to people who have been in the similar situation, got all sorts of replies. A fren said she was arrested for DUI with BAC around .16 and her lawer got it reduced to AI. Not sure if thats fact or fiction.

At this point I am deeply troubled and particular worried about how this case would affect my professional carier. I am due to leave in the next couple of months and was planning to get back here for my masters.

I would deeply appritiate your advise on below questions :-
1. What should I do, plead Guilty or not Guilty?
2. If convicted, would it have an affect on my future application for a student or H1B visa?

Please do advice.

Thanks
Click to expand...

Hire a professional lawyer who is adversed with DUI and plead not gulity. He would be able to reduce the amount of fines and punishment (suspensions) on your name which goes to your record and stay their through out ir life. So it is worth to hire a lawyer and spend some bucks! and yes, they do reduce the charges on you.
I was charged with DWI, reckless driving, and refusal for breath analyser.
My lawyer reduced it to only DWI. so I got reduced suspension for my license and less fines + less hrs. for IDRC. Though I paid fees to my laywer but overall result was satisfactory.
It is your call, the money comes out to be the same in any case you ple gulity or not. It is the fines/ punishment which goes to your record.

Good Luck!
 
Hi Vineet,

Thanks man, appritiate your advice. I have managed to find the contacts of couple of good DWI lawers of that area.

Would be driving down there this weekend and would get a lawyer, my first hearing is on 24'th. Lets see how it goes.

Thanks
 
abhi99 said:
Guys,

I got arrested for DUI ,complete case being :-

Charges :- DUI , Breaking a traffic Light
BAC :- .12
State :- NY
Case to brought up befre a Judge on 24'th

At this point I am deeply troubled and particular worried about how this case would affect my professional carier. I am due to leave in the next couple of months and was planning to get back here for my masters.

I would deeply appritiate your advise on below questions :-
1. What should I do, plead Guilty or not Guilty?
2. If convicted, would it have an affect on my future application for a student or H1B visa?
Thanks
Click to expand...

First of all, a single dwi conviction won't affect your future application for a F-1, H1B, GC or N400 under the CURRENT immigration law.
Legally, nobody including your lawyer is allowed to give you any advice on how you plead. So I can't say anything about that specially in this public forum.
I strongly advise against travelling outside while the case is active or on probation. Read this forum from the first page.
I suggest to hire Immigration/DUI lawyer.
 
peter5321 said:
Vineet,
The answer is Yes to the question "Have you ever been arrested?" because you have. Somehow they already know that. Don't be afraid of answering "yes" on the form DS156 and I-485 as the 1st dwi is neither a deportable nor inadmissable crime. It only delays the process.
Always be honest with INS.
Click to expand...

Peter,
Thank you for the response. But the question on 485 is
"Been arrested, cited, charged, indicted, fined, or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?"

Shouldn't the answer be 'NO' then if DWI is considered to be a traffic violation?
 
I was with geico before and now. Recently i renewed my policy and to my surprise the rates stayed the same. My attorney got me the court disposition letter.
 
Issues at POE , Defered inspection for dui arrests

Hi

I got my DUI in california last year july 08 and I convicted oct 08 hired attorney . I have GC since 1.6 years. I completed my sentence by community service and paid all fees $2K +. 3 years probation. CA DMV suspends 6 months license. I am going to get a clearance letter from court as I completed all the orders my lawyer working on this matter.

Learned a lesson in a very hard way.

Now I am planning to travel to India and I contacted my immigration attorney in NJ state office to day for any issues at POE when I come back . She is ok with my travel as I completed all the court orders (Still probabtion pending), She informed me that all DUI arrest subject to Defered inspection at POE I hope you know that. I am concerned and read all the posting in this forum.

I found that guys with 2 dui conviction returned to US without any issues and I haven't found any issues with DUI arrest subject to Defered inspection at POE and probation pending, is it safe to travel out side US please advice.

Please clarify my concers and thanks for your great help.
 
Guys,

I have been a regular reader of this thread since last 3 years. I wanted to share my experience with you all.

DUI 1 offense: April 2005
BAC: 0.15 (I struck a utility pole and some passerby called 911... car was not driveable.. sustained minor fracture to left arm.. but declined medical attention.. paid $100 bail next morning)
Court Appearance: April 2005 (Plead guilty)
Sentencing: July 2005
State: Michigan
Visa: H1B

At the arraignment, i plead guilty. The Judge asked me to meet a probation officer to determine if i had an alcohol problem. The probation officer was very kind and thought i did not have an addiction. He suggested that i take a highway safety class. I had to pay a fine < ($500) + Michigan Driver responsibility fees (2 X $1000) and undergo a Highway safety class (which i did before the sentencing date - that impressed the judge) and a 6 month restricted license. No probation / No jail time.

Four years later....

H1B renewal: March 9th 2009
Consulate: Chennai

I was given a 221g (blue form) and was told that there was nothing wrong with my visa application but the consular officer had to confirm something with my renewal petition. He also wrote "Not found in PMS" on my DS156 form.

I get the visa by courier 8 days (March 17th 2009) after the interview.

Visa has the comment: "Class Entry not for ineligibility"

At the port of entry i was asked to go to another waiting room before being cleared. No questions asked at all.


My heartfelt gratitude to all who shared the experiences here.... Thank you for all your inputs... Hope this helps somebody..
 
Last edited by a moderator:
Yes i was fingerprinted. Since my left arm was swollen at the time of incident, the cop just asked me to use my right twice.
 
Verdict

Guys,

I hired a lawyer and as agreed with District Attorney I plead guilty for AI instead of DWI. My licene is now revoked for about 3 months and I am now required to do this class for about 16 hours.

I am not very sure if getting DWAI instead of DWI better or what ?

Also I am required to pay annual assessment fees of about 250$ a year for 3 years. Now my question is, do Ipay 750$ in full or since I would be leaving back for about a yr by september should just pay 250?

I am little confused what would be the consequence if I dont decide to be back here for the next two years and hence dont pay 500 ?

Regards
Abhi
 
Same here except i need to pay $1000/year. Whether you are here or away, you can only pay $250/year. My suggestion is to leave some money in your bank account and pay it online.
 
I am serving my NJ license suspension (7 months) starting from the first week of Feb 2009 through Sep 2009. I have recieved a notice of IDRC session on the 29th and 30th of June, but that is the week that I am supposed to travel for a family marriage, and therefore trying to reschedule the IDRC sessions.

Are there any issues with rescheduling the IDRC sessions? What is the process to reschedule the IDRC sessions? I saw some comments that some folks got their license back before completing the IDRC sessions?

Please share your experiences of the IDRC sessions in NJ?
 
You will get your license as soon as you finish your 7 month period. Nothing to do with IDRC. My classes are scheduled for july. I called them to reschedule but they said it is not possible.
 
As a former INS officer, I would advise you to answer yes. DUI is not a "traffic violation", DUI involve possible jail time. Driving with a headlight out doe not. It doesn't matter what your State thinks is a traffic violation or not, DUI is a crime to U.S Immigration. Is it a crime that they will not hold against you. If you have been arrested for DUI, there is a record of that arrest someplace and they could find it. Once they catch you lying, they will start digging further looking for other lies.


vineet381 said:
Peter,
Thank you for the response. But the question on 485 is
"Been arrested, cited, charged, indicted, fined, or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?"

Shouldn't the answer be 'NO' then if DWI is considered to be a traffic violation?
Click to expand...
 
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