is DUI really a CIMT

S

softvirgo

Registered Users (C)
I have read that if you get a DUI while your license is suspended because of previous DUI, it is considered as Crime Involving Moral Turpitude.

But if your license is not suspended but you was on probation for previous DUI and u got new DUI even then it is going to get considered for CIMT.

This is just a matter of dicussion as my friend's fiancee is under same scenario.

I am specifically asking for California state where there is no aggravated DUI statue

In California, All DUI's (except for 4th DUI's and those causing great bodily harm) are simply that, DUI's. You can be *sentenced* much more harshly for a 2nd or 3rd DUI, but the elements of the crime (what the DA has to prove) don't change.

What do you guys think
 
What do YOU think.

The person is in probation for drinking and driving. Then he/she goes ahead and drinks and drives again with no respect for law or public safety.

It is a CIMT beyond a reasonable doubt. 200% deportable.
 
I am sorry buddy

but this does not work with emotions and feelings. There should be some facts. I know its wrong and very dangerous. But tell me that you dever drove a car while talking on your mobile phone. Recent surveys have shown that it made more accident than drunk drivers.

Anyhow First of all I am talking about California where there is no aggaravated DUI. If she is on probation and gets a DUI she still got charged with 23152(a). So being on probation and getting a Dui does not change the nature or element of crime and Californians charge them the same way. Even in California there is no status for DUI on suspended license.so if somebody gets dui on suspended license. he/she will still be charged with only DUI.

But in case of Arizona the other guy was charged with dui on suspended license which is a total different statue and IJ hold that one only as CIMT.

ANy more thoughts
 
softvirgo said:
But in case of Arizona the other guy was charged with dui on suspended license which is a total different statue and IJ hold that one only as CIMT.
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I was trying to put forward what an immigration judge will think.

When you take immigration into consideration, state laws matter only little.
Individual States never classify a crime as CIMT or not, Federal Immigration Law does. It you take a particular case to an immigration judge, he/she will take local into consideration only to some extent.

There are no preset rules to determine if a crime is a CIMT. An immigration officer has some freedom to decide if a crime is a CIMT. If you dont like the decision, you can appeal to an immigration judge. Even a judge has some freedom to decide whether a crime is CIMT or not. When something happens first time, they are always lenient, but second time, I dont think they will be.
 
I appreciate your response

but what I am saying is that if the state has charged you with some offense statue immigration judges never goes beyond that thing to see .

Like matter of Torres-Varela in Arizona which comes under 9th circuit court and california also comes under 9th circuit court. That guy was charged with three counts of DUI on Jan 31 1995. After then in march 1998 he got charge with another DUI and this time it comes under aggravated DUI because in Arizona three or more dui convictions in 60 months is aggravated DUI. but still immigration judge ruled out that it is not a CIMT because there was no intent or aggravating factor. he spent 1.5 years in prison but not got deported.

So it depends on what you have been convicted for.They look in very much details of meaning of conviction and then rule out the things.
 
so for CA DUI is not a CIMT

I have read somewhere that for citizenship you need to show 5 years of clean record after the date of conviction and you would be able to get citizenship.
 
Second DUI (which does not involve any injuries) will not make the crime CIMT but driving while suspended will make it CIMT. Her second dui is not a CIMT. Her driving while suspended is CIMT. But you should consult a lawyer. Go to www.uscis.gov and type DUI in search, where in Arizona DUI, the immigration judge did not consider 3rd felony DUI with suspended driving privileges as CIMT. It's complicated how they tell if the crime is CIMT or not... Good luck.
 
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softvirgo said:
I have read somewhere that for citizenship you need to show 5 years of clean record after the date of conviction and you would be able to get citizenship.
Click to expand...

I was charged with DUI in 1999, but the case was dismissed. There were no problems during GC - hopefully there will be no issues with the citizenship application. I did however, get the court disposition (certified copy) and sent it with my N400
 
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