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  • Have question...very worried

    I am so glad I found this forum. My husband is a resident of Hungary. He has permanant resident status here in the states as well. He was recently convicted of a DUII. He has not had a hearing yet, or been convicted, or entered a plea or anything. We were on a website trying to find a lawyer who specializes in DUII cases, when we stumbled across DUII FAQ's. We read in there that if you are an alien a conviction for a DUII can have catastrophic consequenses, and that we should consult an immigration attorney. We are both freaking out because his hearing is Friday. I mean, what do they mean, catasrophic consequenses? Is there a chance that he could be deported? He has never been in trouble for anything. He does not have a drinking problem. (He got a DUII on new years eve! Not that it matters) This is his first offense. I hope maybe someone out there could offer up a little knowledge about this matter and hopefully some peace of mind!

    Thanks so much,
    Jess

  • #2
    Don't panic. It is a traffic offense. Probably a misdemeanor (What state are you in?(USCIS does not even deport you is you are charged with vehicular homicide and you were drunk). Is he going to apply for citizenship? Then he may have to report it then. (And he probably will be okay. USCIS is very worried about other crimes) - drugs, prositution, subversive activities, child abuse etc) Otherwise - concentrate on having the lawyer get the charges dropped.

    You probably came across the website of a lawyer who wanted to make money.
    Good Luck

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    • #3
      DUI is a serious felony in every state; we don't need drunks here

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      • #4
        Since this is a first DUI and hopefully you husband doesnt have any other incidents with the law. You should surely hire a lawyer, and I am sure you will be fine.

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        • #5
          I believe it is only a deportable offense if the possible punishment is 2 years or more in jail.

          Be VERY careful about approaching an immigration attorney in your present state of mind. Immigration attorneys proft off of fear and they can smell it from a mile away.

          My advice is to approach several immigratio attorneys this week. Only go to attorneys that will give you a free initial consultation. Ask them all the same questions then post their responses on this board. We will tell you who knows what he is talking about.

          Take this attorneys number with you to court. It is possible your husband will be remanded into custody by ICE, BUT NOT PROBABLE. You never know these days and depending what state you are in will determine what level of offense a DUI IS.

          Just in case though, have the pre screened attorneys number with you as the DUI attorney will be of no help in such a situation.

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          • #6
            Thank you so much for your replies, except for the one calling my husband a drunk. I came here for help, not to be judged. He is smart enough to relize what a huge mistake he has made and has learned from it. After all, he is human, and to make mistakes is the human way. Anyway, I feel much better about the situation now and I appreciate the input. BTW dragonlady we reside in Oregon.

            Thank you so much,
            Jess

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            • #7
              ok, another question...what is ICE?

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              • #8
                They are the ones who enforce immigration laws.

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                • #9
                  Ideally, you should hire two attorneys: one specializing in DUI and an immigration attorney, and have them develop defence strategy that would be safe from immigration standpoint (many DUI attorneys have no clue about immigration law).

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                  • #10
                    First of all, DUI's are becoming more popular when it comes to immigration. Because there are a lot of illegals here in the country, and because there are a lot getting charged with DUI's and vehicular homicide in connection with the DUI - it is something to be concerned with. I would look for an attorney that works in both immigrationa and criminal offenses. Because this is his first DUI - you need to fight it. What did they pull him for? Did he do a field sobriety test? Did he blow? I have had luck in dealing with prosecutors and officers by expressing my client's residency situation and how important it is in not convicting. You definately want to get an attorney involved - criminal attorney. You should be aware that I have had one client who was arrested and convicted for simple possession 3 years ago, left the country for the holidays and border protection wouldn't admit him into the US because of that conviction. You definately want to fight it. This happened in NC. Where are you from?

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                    • #11
                      sml-

                      Thank you for your reply. To answer your ?'s, he was pulled over for driving erratically, and for speeding, but I think they were a little full of cr*p about the speeding. He had a sobriety test, and he blew a 0.15. We are from Oregon.

                      Jess

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                      • #12
                        http://www.aila.org.

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                        • #13
                          In Arizona, where I live, a blood/alcohol level of 0.15 constitutes Extreme D.U.I. Given that the legal blood/alcohol limit in all states is 0.08, he may be in more jeapordy from an immigration perspective.

                          I'm neither a lawyer nor an expert on this particular issue, but a potential conviction for extreme D.U.I. certainly warrants that you know all of your options.

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                          • #14
                            deal with the dui case as it is .. attorney and expect some expenses, inconvieninces and criminal record .. i think this sux badly enough for most ppl to try not to let it happen again

                            as far as immigration, dont worry about it too much, admit to the mistake when it comes up and leave it at that .. lawyer is always good .. but if your straigth with everything else i would say probably not necessary .. youre not going there to defend your dui case .. it happened .. youre guilty .. and thats the end of that story

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