need legal advice

[ifp]

first of all,we are in virginia,second of all,the first offence was dui with 0.08 and did the classes required by the court,second offence was only driving while suspended (no Dui)2 blocks from my apt with my son going to do some shopping ,and was given 2 days and half in jail plus 1 month DL suspension, now what my likely case in this matter.your help is very appreciated...I meant it.

[aceIaw]

dui is definitly a crime and not just a traffic violation. Two dui's in the first 5 years after entry, and prior to AOS is inadmissable and ineligable (habitual drunkard clause!)

[lawgal]

DUI can be treated as a misdemeanor, a felony or as an infraction. It varies by State (as each State sets it's own rules about what constitutes DUI), and by the circumstances of the DUI arrest. The facts of the DUI arrest play a big part in how it is charged: a person with a blood alcohol level of .08 who is stopped at a sobriety checkpoint will probably get a lighter charge than a person with the same amount of intoxication who is caught after running a red light and causing an accident.

While BCIS does not consider "simple" DUI a crime of moral turpitude, vehicular homicide or reckless driving while intoxicated can be considered a crime of moral turpitude, and could bar someone from adjusting status.

Regarding your question about driving with a suspended license, again, how this is charged will vary by State and by circumstance.

You should talk to an attorney who is experienced with criminal issues for advice on how this might affect one's eligibility for AOS.

[ifp]

if DUI is not a traffic offence ,nor a crime,how BCIS treats this kind of misdemeanor when interviewing .....and how about a second offence of driving while suspended DL? would the AOS be denied? thanks a lot.

[ifp]

if DUI is not a traffic offence ,nor a crime,how BCIS treats this kind of misdemeanor when interviewing .....and how about a second offence of driving while suspended DL? would the AOS be denied? thanks a lot.