DUI arrest on H1-B in Delaware

[duimess]

First off thanks to IMMI - it is a really helpful forum

I am in a mess for the first time in my life

I got arrested for DUI in Delaware State on 07/19/09

I got into an accident by myself, my front tire burst and i hit the concrete pavement on the ramp.

Dint call the cop and Yes my stupidity i was waiting for my friend to show up when cops pulled up on the highway... they did the field test and it was inconclusive -- cop took me to the station and did the intoxylizer and it showed 0.088 -- basically i got screwed -- kept telling the cop i was on h1B and this would ruin my life - he dint listen and said he couldnt do anything now and could help me at the court hearing date -- which i dont even know when this is --- probably 90 days out (god this is going to be long 90 days)

i have a million questions and have been calling a lot of lawyers

I got a lawyer and he said he cant say anything till he sees the cops report -- although he said there are some points he could use to get the case dismissed - I doubt it will

My questions

1) has anyones case been dismissed - if yes wat was the ground
2) Is it advisable to take first offenders
3) do you know any lawyer in Delaware state how has handeled your DUI case
4) if the case drops to reckless driving - Will i still be considered convicted
5) I have to go out for stamping my visa and soon my green card will get filed - do i have to tell my employers as my company has there own law firm
6) Do you advise going to Mexico and getting the H1-B visa done
7) Has any one got there record expunged and does that affect future jobs

As you already know I am in a Mess - Any help is reallyy apprreciated


Thanks

[txh1b]

You need to consult with an immigration attorney before you take any sort of plea deal. Criminal attorneys are not aware of immigration consequences and may suggest you to take a plea which may turn out to be very bad for immigration.

[duimess]

Thanks for responding - I am already trying to get hold of a stron immigration attorney.

In any case - is getting the charge reduced to reckless driving non alcohol related, a problem from immigration standpoint??

Even if the case was downgraded to recklesss driving will this show as DUI reduced to reckless and immigration would be a problem due to this

Any idea if anyone case was suppressed or dismissed

Regards

[txh1b]

Visa has been a problem for people with convictions. As far as immigration goes, a crime that is CIMT will cause problems. DUI is not a CIMT however, you will be subject to a lot of additional background checks, panel doctor referrals etc in due course of your immigration. You need to be aware of this.

Best outcome is dismissal from immigration standpoint. If not, any other smaller charge would help.

[duimess]

Thanks for responding...

Yes I am praying to god the outcome is dismissal or worst a reckless driving charge -- i will keep everyone posted on how it goes

Thanks

[txh1b]

Don't pjust pray. Invest $$$ in a strong lawyer with connections and please don't drink and drive. It isn't fun to get charged with involuntary manslaughter if someone dies in an accident.

[duimess]

First off thanks to immihelp and txh1b... this forum has really helped a lot in research

If u read this thread you would know that as most of u reading this thread I got into a real mess with DUI arrest in Wilmington DE.

I want to share my experience and events for this incident so that someone else (god willing this never happens with anyone) in the same situation can get some idea of how this whole thing works out

ARREST
So I got arrested in 07/19/10... I was taking a ramp to highway when I lost control of the car and hit the concrete border on the ramp head on... my car was heavily damaged and I couldn’t drive and bring it back to home...I waited at the scene for AAA to arrive as I dint think I was that drunk.. I had consumed 2 to 3 orders of scotch at a bar… but dint eat as I was not feeling good that day.

After about an hour a passing cop stopped by and asked me if I needed some help.. I told him I was waiting for AAA to arrive and would be fine once the car is picked from the scene... He asked me if I have been drinking and I said I had couple of beers... BIG MISTAKE... never admit u have been drinking if u get in an accident... this prompted the cop to call a state trooper who came and administered a field sobririty test... well needless to say he found some influence and arrested me. After my arrest I took breathalyzer test on machine at the station which showed a BAC of 0.088... Just 0.008 over the state limit... well I was charged with DUI and thus began the nightmare...

DUI LAWYER – IMMIGRATION CONSULTATIONS
After searching for lawyers day and night by god’s grace I found lawyer - Kevin O'Neil... excellent guy but a little pushy and aggressive at first... still I felt that he was aggressive in a good way... my bill 2 G's before the date of hearing

Well i met a lot of immigration lawyers who basically told me that i had nothing to worry about from an immigration perspective as DUI isn’t a CIMT (Crime Involving Moral Turpitude). The only issue would be hassle at every step from there on...additional background checks.... clear marking that I got arrested on each and every immigration form... THIS IS A REAL ISSUE...

ADVICE
Do not travel out of country if you do not have the outcome of your case in hand (from a lot of online reading)

DAY OF COURT (09/25/10)
On the date of the court... to my despair the cop showed up (no chance of case dropping).... I believe key to this issue is good lawyer... My lawyer changed the court to the one where he had more experience with... In other words he had dealt with the judge and had a good background on prosecutor... my slot was at 1 PM, I was there at 12:15 PM... Basically prosecutor came in around 12:40 PM and most of the lawyers directly went to her chambers... my lawyers plead my case with her and tried to get the least penalty.... Prosecutor said she would only give me First offenders course... which is basically as good as a DUI conviction you have to plead guilty to the charge... my lawyer said he would want more time and will come back in some time to discuss with her... he let all the other cases/lawyers go before him and waited for his turn again with the prosecutor... we were the last ones in the court by 3 PM. the cop had to wait until then... not to mention that he had to come all the way on the other end of the city to be in court.. At 3 PM, things worked out... Cop was helpful (probably frustrated as it was Friday)... My lawyer went in again and spoke to the prosecutor and asked the cop about my behavior and background... Cop said my conduct was good and background clear... prosecutor suggested dropping the charge from DUI to Reckless driving alcohol related... my lawyer suggested I have an H1-B and may have immigration concerns... and negotiated further with the prosecutor.... at the end prosecutor agreed to a charge of plain reckless driving - (no relation to alcohol at all)... when I went in front of the Judge and she heard that I was getting clean reckless driving she checked again with prosecutor and smiled at me... I knew I was out of harm’s way... i was fined $ 200 and 6 points on my license..... pppphhheeeewww

IMMIGRATION IMPLICATION AND STAMPING AT MUMBAI
After getting a clean chit from court I wanted to make sure I got my immigration straightened out… I had to go for my H1-B stamping as I travel abroad for work... I got a date in April 2010 at Mumbai and while filing the immigration form clearly mentioned that I was arrested. In the space provided I mentioned in detail that I was arrested under suspicion of DUI and later the charge was dropped to reckless driving. To be honest I was very scared as my immigration lawyer suggested I should not divulge more information… only mention arrested for reckless driving, my conscious did not agree and I went on to mention exact detail with case number… I had already taken certified copies of my court disposition document on the day of my court case. Additionally I got a state background check done and got certified copies (luckily my criminal history was clean and the report was blank)
On the day of interview I thought for sure they would ask me a lot of questions and make me go through various medical and psychological tests… Luckily by god’s grace I was called to the counter and no question related to arrest was asked.. They only asked for my job description and company background. I got the visa without any issues… no questions asked. Point to note – I was never fingerprinted when I was arrested.. Maybe that’s why nothing raised much issue at immigration..

BASICALLY, SINCE I WAS NOT CONVICTED WITH DUI I HAD NO ISSUE WITH IMMIGRATION… THANK GOD… I PRAY TO GOD THAT NOONE HAS TO GO THROUGH THIS ISSUE… GUYS’ HONESTLY DRINKING AND DRIVING HOW EVER LIGHT DRINKING U MAY HAVE IS NOT COOL… IF CAUGHT PEOPLE LIKE US WHO WANT TO MAKE MONEY AND LIVE BETTER LIFE GET SCREWED….

Hope this detailed article helps the readers…
Regards

[Nemesis]

Hi,
i have the DUI case and i am on H1-B visa and going to India for vacation...will i have any problem or during return at US immigration?

Thanks

[arjunk99]

I'm also in similar situation.

I got a DUI with 0.18 BAC and my case is postponed to 2013 JAN. I want to know what are the immigration consequences with pending DUI case.

1) How will that effect VISA stamping in INDIA with pending DUI case.
2) My H1B visa is about to expire by OCT 2012 and I need to apply the extension anytime after APRIL 2012. - Does it effect with DUI case pending?
3) My employer applied for I140 in NOV 2011 and it's still in Initial Review, will they not approve it until the DUI case is closed.


Thanks
Arjun

[peaceofmind]

Hi All

For all those on h1 visa and got 1st DUI (misdemeanor)

1) DUI has no impact on H1b transfer or visa stamping.But only during the visa stamping
you may be asked to meet panel physician who will check your mental status
and blood tests to see whether u were acute alcoholic or chronic.Even if u r chronic alcoholic
it has no impact unless u r mentally sick.

2) DUI has no impact on getting full time job oppurtunities in IT companies in usa.

3) Only impact is slight increase in insurance cost on your car and mostly this will be double that
of what you are paying now and also it depends on the area where u are.

My peace of advice is not panic even if u r convicted for 1st DUI but i would suggest not to drink and drive ever again.