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First DUI on H1B

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  • First DUI on H1B

    Hi All,

    I got arrested for DUI. Car was hit to the road divider. No-one was injured in the accident. (BAC ~0.12). I am currently on H1-B visa expiring in Aug 21.
    I have hired the criminal attorney for my case. My hearing is on 8th Feb.

    I have following questions.
    1. What implications it can cause on H1-B visa? Will my visa be revoked. or denied during renewal?
    2. My BAC content is high. so does the decision of the court depends on BAC %?
    3. How much time does it take for whole case? (I have to travel to India for marriage)
    4. What is the best case scenario for me ? (e.g. will court dismiss case being first DUI and charge with misdemeanor)
    5. My record has been clean so far. No tickets. I have good educational background + number of patents. Is there anything that I can do with this to make my part stronger?

    I was planning to go to India recently. But from what I read online, it's better not to travel until the court decision is announced.
    My background is good and clean. I know I have made a big mistake. I am already regretting. I will never do this in the future.
    I am really scared. I don't want this to affect my future and career.
    I have learnt my lesson. NEVER EVER DRINK AND DRIVE. I wish no-one has to go through this.

    Please suggest me if you have been through this or have experienced this. Please help.

  • #2
    You have to try to dismissed charges.Pritrial diversion will not help you or any form of pled bargain, immigration law still see conviction in your case,it is always good not to use breathalyzer because it's strong evidence against you..Hire expensive layer,in this environment thete is 0 tolerance for dui.


    • #3
      Normally one year to comply with everything after dui.good luck,but don't deal with it by yourself


      • #4
        Gogig Thank you for your response. have been through the same situation or do you know anyone who has been in the same situation? I have hired a criminal lawyer for my case. My BAC content is high. I am really worried about it. Do you think there is a chance that charges will be dismissed to a reckless driving?
        What do you mean by "Normally one year to comply with everything after dui." ? ---> is it that I should not leave the country for 1 year and then go for H1b Stamping in India?
        Waiting for your response.


        • #5
          If you get convicted it's one year until you finish your sentence,classes,probation etc..you have to hire immigration attorney as well.do not leave country.