First DUI on H1B

[J1Guy]

pranilmore I have no clue on my case, it happened last week, I don't even know my BAC level, no injuries, no accident, took a wrong intersection turn, cop caught and was drank couple ke of beers, breathalyzed, blood test, and nothing yet. No case filed in court yet, I have my license also with me, he didn't took it. Talked to a lawyer, he is hopeful he can drop or dismiss the charge, but not so sure, cause he need to look at the file, but based on my brief he is saying he will try to dismiss before court trial.

[J1Guy]

pranilmore As there is no case filed at court yet, my lawyer don't know the charges, but he is trying to talk with the prosecutor, but cop gave a court date of October 1st for initial arraingment when they arrested me, will probably find out that day, what are the charges and what's going to happen.

[J1Guy]

pranilmore first misdemeanor they will not trouble you much, what I understood from this forum and others, and most of the people reduce their dui to wet reckless. If nothing works out for me, I also probably need to go for reckless driving if prosecutor accepts the plea. We don't have any diversion here or else I would have gone for that.

[J1Guy]

pranilmore one more thing I read, probably they will give some community service and alcohol education classes try to do that sincerely and on time, that is important, some people even do the classes before to show the court as proactiveness and to show you are concern and apologetic about your mistake.

[pranilmore]

J1Guy I was supposed to do DUI classes, the MADD program, and the EMP program. I completed all of these as of today. Waiting for the last hearing which is at the end of this month. I am just hoping with wet reckless, VO approves my visa (with that medical examination).

[J1Guy]

pranilmore what happened to you case ? did your case reduced to wet reckless ?

[pranilmore]

J1Guy My charges have dropped to wet reckless from DUI. Planning to go to India for a visa interview (it will be dropbox) as soon as I get an appointment. Hows it going with your case?

[deep1001]

Hello,

Thanks for your posting. I hope everything is settled by now and you got a favorable response. I had a DUI last week, first time. Hit the curb and came out of surgery just yesterday . I regret my actions and I am scared. We hired a dui attorney but I am on H1b and don’t know how it will impact my H1b and future green card process . Any advice will greatly help my friend . Can you please let me know thanks Again in advance

[Pbel]

Hi Pranil, iam an f1 visa holder and facing dui charges. Please contact me ! Im in serious situation and i am helpless!

[brinech]

Hey, I also got a pending DUI case. Did you through H1B stamping..what happened ?

[pranilmore]

I am traveling for my H1B stamping next month. I will let you know guys. I am just hoping to get my visa approved.

[Vik9779]

pranilmore - Hope everything is working out on your case. Any update on your H1b visa stamping? Which consulate did you go to?

I was changed with a DUI last august and the charges are being reduced to reckless driving, however I'm due to get my h1b stamping here soon and concerned about the consequences of the reckless driving conviction. If anybody has gone through H1b visa stamping with a reckless driving conviction in the last 1-2 years, can you please share your experience?

Thankyou all

[Hyd6]

pranilmore hi, how did your visa stuff go? I was arrested for a dui in Nov 2021. I am on h1b right now. I hired a criminal attorney and she got me in for a plea to reduce dui to wet reckless with withhold of adjudication here in Florida. I still have my pre plea conditions(installing IID in the car, community service etc). Then I will enter into plea around May and have a 12 month probation period. I wanted to know how the probation period would look like? Would it be safe to travel during that time? How would my visa extension in 2023 go? Would there be any issues with visa stamping other than doing a medical exam and wait extra weeks?

[sharath4991]

Hi HYD6, Do not travel while on probation, you must avoid, alcohol, drugs or anything that's considered an influencer. After you have completed the probation, keep all your documents, completion certificates and court fee receipts. For medical exam, you may need 2 weeks. but it totally depends on your luck to get an interview slot if you do decide to travel at this time. also check with your probation officer whether you can travel at this time. You will be in major trouble if the medical examiner finds that alcohol has affected your health condition. Make sure you don't have any health issues due to alcohol or drugs eg. Fatty liver, high ALT in blood etc. and do not consume alcohol for atleast 3 months before your medical exam. let me know if you have any questions.

[Hyd6]

sharath4991 thank you so much. I already stopped drinking alcohol anyway beginning Jan 2022. Do you know what kind of tests they generally do in the medical evaluation? I am not planning to go anytime this year but was just curious on how probation works?