Is DUI considered a traffic offense?

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hkgk

Registered Users (C)
I answered "NO" to the following question in I-485 because I thought it was considered a traffic related offense (no accident involved). After seeing some posts, I am starting to wonder if this is a cause of concern. Has anyone personally encountered this situation?

"Have you ever, in or outside the United States: been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?"
 
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I don't have any personal experience with it, but my husband does. And all I can tell you is - no, a DUI is not a traffic violation, it's a lot more serious. A first DUI would normally be a misdemeanor, a repeated one - a felony. You should have mentioned it on your AOS - it will come up on your criminal check.
 
Quoting from a USCIS form:

"Note that unless a traffic incident was alcohol or drug related, you do not need to submit documentation for traffic fines and incidents that did not involve an actual arrest if the only penalty was a fine of less than $500 and/or points on your driver's license."

So yes, you do need to report DUI.
 
No points were assessed on my drivers license. My attorney entered a plea-bargain and one of the condition was that this will be off my records. Per attorney "2 year SIS (Suspended Imposition of Sentence) which is 2 year unsupervised probation and nothing goes on criminal record. No conviction, unless your probation is revoked during the 2 years"

What should I do? If this was to be brought up during my interview, can my petition be denied based on DWI first offense?
 
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Regardless of the legal outcome of your case, DUI is not considered a "traffic violation" so the answer to the question 1(b) on I-485 in your case should be "yes". At this point the only thing you can do I would suggest is to get together all the paperwork relating to this incident and bring it to your interview. When asked question 1(b), don't lie (as they most likely are aware of your case), and present the information.
 
All I can say is, whatever starts with the letter D when it comes to traffic, it's not a traffic violation. You better gather all the documentations related to the case and show/explain the truth to the IO, if the officer asked why you put no to the question, simply explain you weren't familar with traffic law, and make sure you have an attorney with you.
 
hkgk said:
I answered "NO" to the following question in I-485 because I thought it was considered a traffic related offense (no accident involved). After seeing some posts, I am starting to wonder if this is a cause of concern. Has anyone personally encountered this situation?

"Have you ever, in or outside the United States: been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?"
Click to expand...

Hi:

You are essentially asserting that you made a mistake of law, i.e. that you did not know that a DUI was considered a misdemeanor, rather than a mere traffic violation. Note that a mistake of law, as opposed to a mistake of fact, is seldom regarded as a good defense.

You most definitely want to amend your application. As others have suggested, gather the appropriate documentation. During the interview, state that you have made a mistake on one of the questions, that you misunderstood the question/relevant law, but that you have brought all the documentation with you. It is MUCH BETTER that you disclose it at the interview than if it is discovered later.

If discovered later, a defense of mistake of law will likely not do you any good.
 
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