Please help with DUI...Urgent

R

rkniu_1981

Registered Users (C)
Friends,

I request your help on DUI. It was a bad day for me yesterday and i sincerely request suggestions from you.
I hit a car (No injuries, very small collision) and got a DUI yesterday with 0.12 (0.08 is allowed alcohol limit in ILLINOIS state) on breath test. They took my finger prints, went to jail for 4 hrs and gave a court date on 10/15. I would appreciate, if anyone can provide valuable suggestions in guiding me how to start working on this.
1. How this will effect on my immigration status. I am on H1-B visa (Approved Oct 2006) valid till Sp 2009 and already got H1-B stamped early this year, May. Rightnow am planning to go India sometime soon for 3 weeks vacation. Is it safe to go at this time. Would there be any problem at the port of entry, taking finger prints etc...?
2. How much it would cost me to get a lawyer?
3. What kind of punishment would i get? Will I get any Jail term?

Please post your suggestions. Thanks very much in advance.
 
updates

Hi rkniu_1981,

I am also in the same bad situation. But I am holding a Valid L1 visa, valid till 2010. I will be going back to India in couple of months. I am going to plead guilty. But, my problem is, my return to US totally depends on my parent company back in India. I may come back to the same client or a different client in some different state.

Can you pls tell me if it is ok to travel back to US on the same visa again. What are the possible difficulties at port of entry.

Pls help/suggest.

thanks,

lll
 
Hire yourselves a good lawyer and NEVER plead guilty if you don't want any long term implications. Remember DUI conviction will affect all of your future aspirations and you will need to fight it. Pleading guilty might sound right in terms of the moral aspect of it, but it is a conviction nevertheless. You dont' want to be an ex-convict yeahh???

Instead, offer userselves for first time offender program in Pre-trial. Your records will be expunged in 5 years from DMV and all records after 10 years.
 
raj_in_ct,

Thanks....but I need to go back after couple of weeks to india. Lawyer has offered a best deal of 5 dyas jail and unsuprevised probation if I come back.
What do you think of this.

Urgent help needed.
 
First thing that you do is hire your own attorney (interview several of them before choosing one) and then proceed from there. Do not believe anything that the government attroney tells you. If necessary, postpone your India trip and take care of this mess first.
MGM

lll_k123 said:
raj_in_ct,

Thanks....but I need to go back after couple of weeks to india. Lawyer has offered a best deal of 5 dyas jail and unsuprevised probation if I come back.
What do you think of this.

Urgent help needed.
Click to expand...
 
MGM,

I haried my own attorney, this is the offer which he has given after discussing with procecutor. I work for X indian company and they are calling me back to india in couple of months. request you to tell me my options.

thnx...
 
Find out the exact section of the law under which they will show you convicted. Then ask your attorney, what is the maximum sentence that can be imposed for that conviction (not the one that they are proposing). DUI is definitely a crime involving moral turpitude and if the maximum possible penalty is more than 6 months incarceration (once again not the sentence that is imposed but the maximum possible one) then it is a deportable offence. Also make sure that they are charging you of a single crime and not a multiple crime involving moral turpitude. Please do note that the criminal attorneys are not at all well versed with the immigration laws and as a result, in their pursuit to show you an easy way out, may lead to a way which has the potential for being an immigration disaster. You have to do some search on the Internet about the relevant section of the immigration law which deals with deportation and also the section of the law that you are charged with and the maximum penalty that it entails. Do not take a hasty decision. The government attorney will negotiate with your attorney if your attorney informs him/her that the conviction that he is proposing may lead to your deportation. Good Luck.
MGM
lll_k123 said:
MGM,

I haried my own attorney, this is the offer which he has given after discussing with procecutor. I work for X indian company and they are calling me back to india in couple of months. request you to tell me my options.

thnx...
Click to expand...
 
MGM,

Here are the count I had,

1) Operating a Vehicle while intoxicated endangering a person, Class A misdemenor, pursuant to I.C.9-30-5-2(a)

2) Operating a Vehicle with ACE of .15 or more, a Class A misdemenor pursuant to I.C.9-30-5-1(b)

3) Public intoxication, a Class B misdemenor, pursuant to I.C.7.1-5-1-3

There were no injuries & no accident in this.

Now they are charging for count1 (I.C.9-30-5-2(a)). request you to tell me if this leads to deportation in my future travel, since I hold a L1B visa till 2010.
Count 2 & 3 will be dismissed.

Request you to suggest me some sites where in I can search for the impact on my future travel with this charge.

thnx...
 
MGM,

On the 1 day at court, judge told us that the max of 30 days jail with $ 6000 as fine or combination of both will be imposed on me for all the three counts I had. Request you to let me the impact of this on my future travel

thnx..
 
Hi,

First of all, before leaving the country, or state for that matter, it's advisable to finish the sentencing. Otherwise, an arrest warrant will be issued on your name and it all goes downhill from there. Cancel all your plans to go out of the state/country and follow up on this matter. NO TRAVEL.

Phani
Note: My post is based on my limited knowledge. I am not responsible for any losses you may incur as a consequence of following my advice. So please act accordingly.
 
Okay, from my limited knowledge, and on the basis of the search I conducted, it seems that you are charged for the violation of Indiana Penal Code IC 9-30-5-2(b) operating a vehicle while intoxicated endangering a person. In your note you mentioned IC 9-30-5-2(a) which means just operating a vehicle while intoxicated. Remember that (b) or (a) makes a gulf of difference. While IC 9-30-5-2(b) is a class A misdemeanor punishable up to one year in prison and and up to $5000 in fines, IC 9-30-5-2(a) is simply a class C misdemeanor punishable by a maximum term of 60 days in prison and a fine up to $500. So you have to be absolutely sure what you are pleading guilty to. If you are pleading guilty to IC 9-30-5-2(b), then that will be a deportable offence but if you plead guilty to IC 9-30-5-2(a), then you may not be deportable even though there will be a good chance that you have to go through immigration court. Once again, my advice is to check with your criminal attorney and consider the implication of the charges before you plead guilty to anything and forget about going back to India before this thing is settled. These are very serious charges and it has to be dealt with utmost caution. If necessary do also consult an immigration attorney and discuss the immigration consequences of the charges. Do remember that I am not an attorney and whatever suggestion I am giving is based on my very limited understanding of immigration law. You should definitely consult an immigration attorney to get professional advice. Good Luck.
MGM


lll_k123 said:
MGM,

Here are the count I had,

1) Operating a Vehicle while intoxicated endangering a person, Class A misdemenor, pursuant to I.C.9-30-5-2(a)

2) Operating a Vehicle with ACE of .15 or more, a Class A misdemenor pursuant to I.C.9-30-5-1(b)

3) Public intoxication, a Class B misdemenor, pursuant to I.C.7.1-5-1-3

There were no injuries & no accident in this.

Now they are charging for count1 (I.C.9-30-5-2(a)). request you to tell me if this leads to deportation in my future travel, since I hold a L1B visa till 2010.
Count 2 & 3 will be dismissed.

Request you to suggest me some sites where in I can search for the impact on my future travel with this charge.

thnx...
Click to expand...
 
MGM,

Below is the count which they are going to charge and I have a plea hearing on 10/26/07
1) Operating a Vehicle while intoxicated endangering a person, Class A misdemenor, pursuant to I.C.9-30-5-2(a)

My attorney is saying that the judge has agreed for a weekend in jail and porbation up to 1 yr & alcohol accessment. But since I am going back to India and never know when I am coming back, court is ordering me to report to probation officer from India by telephone or e-mail.

I work for an Indian company and hold a L1 visa through them. Visa is still valid for another couple of yrs.

My requesting qestions are:

Will my employer in India come to know about this ?

Will I be fired from my job back in India ?

If I honestly report to probation officer from India for an yr, How will my case be closed (process and documents) ?

Is my exisisting visa valid for future travel in next couple of yrs?

Please help in this to get the ans......

thx.......
 
MGM,

Staying back in US is not in my hands, It all depends on my company, so I dont have a choice of staying back here. I need to go whenever my company calls me back. Please suggest me something to workout in this situation.
My Indian company has an office in US, so will they come to know about this issue. How will they take this issue..............
i am totally confused in this.......Will the probation officer work with me to give me min amount of alcohol classes or whatever program. How will this work all together.

thx......
 
MGM,

I odnt understand what you mentioned in your reply. When do I need to go to immigration court ? Is it when i come back to US (AT Port of entry) ? or right now itself ? I have already discussed with the attorney that I will be going back to India in couple of months.

In future if I travel to US from India on the same visa, what is the process ?

Please tell me how it works......My company is calling back to india after couple of months, because my project is getting over at our client site in next 20-30 days.......please advice......thx....
 
MGM,

Below is the count which they are going to charge and I have a plea hearing on 10/26/07, i need to plead guilty, since I have very less time to go to India,
(My BAC came upto .21), but When I was pulled over I had told the officer that I had only couple of beers last night, but I was pulled over next evening..

1) Operating a Vehicle while intoxicated endangering a person, Class A misdemenor, pursuant to I.C.9-30-5-2(a)

My attorney is saying that the judge has agreed for a weekend in jail and porbation up to 1 yr & alcohol accessment. But since I am going back to India and never know when I am coming back, court is ordering me to report to probation officer from India by telephone or e-mail.

I work for an Indian company and hold a L1 visa through them. Visa is still valid for another couple of yrs.

My requesting qestions are:

Will my employer in India come to know about this ?

Will I be fired from my job back in India ?

If I honestly report to probation officer from India for an yr, How will my case be closed (process and documents) ?

Is my exisisting visa valid for future travel in next couple of yrs?

Please help in this to get the ans......

Staying back in US is not in my hands, It all depends on my company, so I dont have a choice of staying back here. I need to go whenever my company calls me back. Please suggest me something to workout in this situation.
My Indian company has an office in US, so will they come to know about this issue. How will they take this issue..............
i am totally confused in this.......Will the probation officer work with me to give me min amount of alcohol classes or whatever program. How will this work all together.


I odnt understand what you mentioned in your reply. When do I need to go to immigration court ? Is it when i come back to US (AT Port of entry) ? or right now itself ? I have already discussed with the attorney that I will be going back to India in couple of months.

In future if I travel to US from India on the same visa, what is the process ?
Do I need to go to counsalate to take a medical test?

Please tell me how it works......My company is calling back to india after couple of months, because my project is getting over at our client site in next 20-30 days.......please advice......thx....
 
Do not worry about the immigration court. If you are not pursuing a green card, you do not have to worry about it. If you are going to plead guilty to I.C.9-30-5-2(a) then it is a class C misdemeanor and you should be fine. Just make sure that whatever your are pleading guilty to does not have a maximum possible sentence of more than 6 months and you are not pleading guilty to more than one offence and you will be fine. Your Indian employer is not going to know about your criminal record unless they specifically look for it. And even if they do, it is not that big a crime that they are going to fire you. However, if they try to send you to the US again, and you are convicted of a deportable offence then you may have trouble and may not even get back to US. In that case, the employer may find out the real reason for the denial of your visa. This is why it is important that you make sure what crime you are pleading guilty to. I hope all will work in your favor. Good Luck.
MGM
P.S: I think your existing visa will be good as long as the crime you committed is not a deportable offence or creates an immigration bar. One more reason, for being careful about the nature of the crime you are planning to plead guilty to.
 
Last edited by a moderator:
MGM,

The court did not agree to reduce the charge, they charged with Class A misdemeanor. Max incarcenation for this is 1 yr and $6000. Now they have put me on 1yr remote reporting probation. Even if I get back to India, I need to report to them. But, right now my 1-94 is valid for more than an year from now. So is it ok if I stay back till then. I dont understand in which direction I am heading towards. request you to advice. ......thx
 
MGM,

The court did not agree to reduce the charge, they charged with Class A misdemeanor. Max incarcenation for this is 1 yr and $6000. Now they have put me on 1yr remote reporting probation. Even if I get back to India after couple of months, I need to report to them. But, right now my 1-94 is valid for more than an year from now. So is it ok if I stay back till then. I dont understand in which direction I am heading towards. request you to advice. ......Will this exsisting visa and I-94 become invalid for my present stay.........please advice me how to go-ahead.....thx
 
I am sorry to hear this. The courts usually do not reduce the charges. It is the District Attorney who should have done it, if your attorney was persuasive enough. Anyways, the charge is a deportable charge and normally, the BCIS should be contacting you for removal proceedings. However, in your case, I think, they may just wait for you to leave on your own. Once you leave the country, I am not sure if there will be a bar on reentry for a specific amount of time or not. I hope somebody who is more familial with that will just pitch in. If the BCIS does not initiate removal proceedings against you, and you leave on your own, I think a misdemeanor charge is not going to create a bar on your reentry. Please consult an immigration attorney in this regard. Good Luck.
MGM



lll_k123 said:
MGM,

The court did not agree to reduce the charge, they charged with Class A misdemeanor. Max incarcenation for this is 1 yr and $6000. Now they have put me on 1yr remote reporting probation. Even if I get back to India after couple of months, I need to report to them. But, right now my 1-94 is valid for more than an year from now. So is it ok if I stay back till then. I dont understand in which direction I am heading towards. request you to advice. ......Will this exsisting visa and I-94 become invalid for my present stay.........please advice me how to go-ahead.....thx
Click to expand...
 
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