Got a DWI....

S

sknc2009

New Member
I was charged with DWI last month and I'm fighting it. I gone through various threads in this board related to DWI/DUI and as of now I could understand that the best decision I made is to fight the charge but I still need some answers for making futher decisions.

Here is my situation - got a DWI last month - fighting the charge with the help of a lawyer - as per the lawyer the worst case would be ending up convicted and the max I will get is Level 3 punishement. If I take a class before sentencing, then I will get Level 4. There are chances of Level 5 also but not more than Level 3. Here are the various levels of sentencing in my state,

Level 5: 24 hours to 60 days, fine not more than $200 + CS, classes etc.,
Level 4: 48 hours to 120 days, fine not more than $500 + CS, classes etc.,
Level 3: 72 hours to 6 months, not more than $1,000 + CS, classes etc.,

My Questions are,

1. The case might extend for next 1 1/2 years. In my state, if you decide to fight the DWI charge, the min time is 6 months and the max will be 1 1/2 years for that case to come to an end. So, If i go back to India before this, a warrant would be issued. With a Warrant in my name, how long i couldn't enter US? Lifelong or is there any way i can come back later, like after 10 years or after fighting this legally or something like that?

2. Will this warrant in USA affect me in getting VISA for anyother country? like UK, Australia etc.,?

3. If I get convicted and if I'm on probation, is there any chances of moving to India? (I guess, leaving should not be a problem)

4. Is there any chances of reporting to the probation officer from India?

5. Any chances of deportation in this case, with the max level of punishment that I'm expecting to get if I'm convicted?

Thanks for reading this and I appreciate any help, guidance or suggestions.

-sk
____________________________
1 out of every 100-200 drunk drivers get caught everyday. I was the luckiest one on that day :mad:.
 
What is your state ? What was your BAC? Did you have an accident ? Did you kill any body or injure bodily. without knowing all these no body can give you any reply rightly
 
1. With a warrant, and the computers they have nowadays, as soon as you put that finger down coming back into the US, you will be taken away.
2. It is only USA.
3. NO
4. NO
5. NO, if USCIS / ICE Police does not find about it. It depends on the results. Better to fight it all the way for a year and a half. :)

sknc2009 said:
I was charged with DWI last month and I'm fighting it.

My Questions are,

1. The case might extend for next 1 1/2 years. In my state, if you decide to fight the DWI charge, the min time is 6 months and the max will be 1 1/2 years for that case to come to an end. So, If i go back to India before this, a warrant would be issued. With a Warrant in my name, how long i couldn't enter US? Lifelong or is there any way i can come back later, like after 10 years or after fighting this legally or something like that?

2. Will this warrant in USA affect me in getting VISA for anyother country? like UK, Australia etc.,?

3. If I get convicted and if I'm on probation, is there any chances of moving to India? (I guess, leaving should not be a problem)

4. Is there any chances of reporting to the probation officer from India?

5. Any chances of deportation in this case, with the max level of punishment that I'm expecting to get if I'm convicted?

Thanks for reading this and I appreciate any help, guidance or suggestions.

-sk
____________________________
1 out of every 100-200 drunk drivers get caught everyday. I was the luckiest one on that day :mad:.
Click to expand...
 
Thanks Rick, let me see, whether i could stay here for that long to fight this case till the end. Else, i have to say good bye to USA.

TagoKumar, I'm in NC. I met with an accident but no gross aggravating factors like, property damage, bodily injury, minor in vehicle or prior DWI. That is the reason, my lawyer is saying, i will end up in getting Level 3, 4 or 5, if i get convicted. There are two charges against me, one is DWI and the other one is infraction, 'Failure to Maintain lane control' (There were no cops behind me. they showed up only after the accident and i don't know how he charged me with this). And, regarding BAC, i refused to blow.
 
First time no problem maximum will be probation for one year/ with class and some license suspension if the police report does not say any adverse comments. Blood shot eyes, slurry speech, not willing to cooperate. if you complete required class and AA prior to the court the lawyer could plead you to a lesser charge, since it is your first offense. But dismissing the case is all together is very hard. You have to pay almost close to $10000 in getting expert witnesses and so forth. Refusal to blow actually suggests admission of guilt. Since this is first time and if you finish the probation requirement prior to court like classes and so forth it can be worked out unsupervised probation. In that case they do not restrict your travel. Yes for immigration purposes you have to state all the time about the arrest and outcome, that is a real pain. Try to see if the state has a PBJ option in that case atleast the driver license doesn't get suspended.
 
Thanks TagoKumar,

One more qstn, if they give me supervised probation, would i be able to cross the border? or they will stop me at the airport? I guess, i can leave but couldn't come back. If on supervised probation, they will not allow me to leave the country and they will stop me in the airport, then i'm lost :eek:.

Regarding BAC, the officer took me to the station and asked me to blow. He said, i have two options, i can take it else i can refuse it. I said i will take it and after making the arrangements, he told me again that i could refuse it if i want. He was looking to be kind to me (I couldn't elaborate why it made me to feel like that, it's a lengthy story and don't say me that i was not sober so it made me to feel like that ;)) and i thought he was trying to help me. So, i said, ok i will refuse this. Later, i found out that this could be used as an strong evidence against me :mad:. I also remember, one of the lawyer i met said that you do not have high level of BAC which is sometimes more difficult to win than refusal cases. I could have blown a higher level in his handheld breathalyzer, so he could have given me a hint to refuse the test. At this time, I could not say exactly whether he helped me or screwed me up. Anyway, this is the story behind my refusal.
 
See from the State's perspective Everyday 100's of people get DUI, so though it is classified as a Traffic Crime a regulatory offense, but still consider it a petty offense if it is the first time and if you can show the court that you are an educated person, very concerned about your mistake, did an alcohol evaluation prior to court and the MAST score is low which will classify as a social drinker/ not a problem drinker the court orders a lenient verdict. Which is generally a Probation because jail's will be full if they start putting all dui cases in jail. Now they put you on supervised probation if you have not completed the court mandated conditions like alcohol evaluation classes and AA meetings based on your mast score and VIP meeting. If you have completed all that prior to the hearing Judge will see you are an educated person responsibly finished all requirements prior to the court and with a plea deal with the state's attorney he will give atleast 1 year unsupervised probation. In unsupervised probation you are not monthly monitored, but if you are arrested again for any reason or committed a traffic offense which has no option of paying fine and you are mandatory needed to appear in the court then you have violated probation and all underlying suspended sentence will be held against you. Even the Probation officers are very busy becoz the State do not have money and there are more serious crimes needed for supervision. After couple of meetings with the probation officer you can apply that you may be allowed travel for dire family reason or so. And they generally figure out by talking to you on the first day what kind of person you are. Emphasize on your education/ Say its a mistake of your lifetime/ do not generally drink just had about 3 glasses of wine with dinner.. They will not waste their time. I hope this helps.
 
But immigration makes a big deal if you have any arrest, they delay to find out themselves what is the cause of the arrest and they do it after the interview though you present your certified disposition. For immigration every immigrant need to go home unless proven otherwise. So it will be problem all through in immigration application.
 
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