First DUI on H1B

[pranilmore]

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.

[Gogig]

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.

[Gogig]

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

[pranilmore]

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.

[Gogig]

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.

[tomlite770]

Normally one year to comply with everything after dui.good luck,

[J1Guy]

pranilmore what is your case status?did it resolved? DUI court decision and H1B?

[pranilmore]

J1Guy My case is still in progress. My final hearing is at the end of this month. Check with me by the end of this month. My H1B extension got approved. But I am worried about visa stamping since VO will know about my arrest.
Do you know anyone who got DUI in the last 1-1.5 year and went for Visa interview?

[J1Guy]

pranilmore did they gave you any plea bargain? I saw many post who went got visa interview, they got approved also, you need to mention in DS160 and tell the reason and during the interview they will give you 221 g for medical examination and then submit the report, it should be okay. Take your court disposition and arrest record.

[pranilmore]

J1Guy What's a plea bargain?
I requested my lawyer to reduce the charges from DUI to reckless driving. Does this help by reducing the charges from DUI to reckless driving? What exactly should we mentioned in DS 160?

[J1Guy]

pranilmore but what I understand it will take a little bit time around 4-6 weeks and be genuine on your application. Second try to go for interview not the Dropbox.

[J1Guy]

pranilmore thats it, if you can get reckless driving that should be good, in DS160 there is a section "did you get arrested..." Mention yes and then explain in the section the reason of arrest and how your charge got dropped to reckless driving.

[J1Guy]

pranilmore i was also too much scared almost read all the lawyer articles, court opinions on such cases and everything possible, and I understand for visa stamping be true to your application and ready to spend 4-6 weeks, ready to go for physician panel for medical test (they will tell you about the hospital where you need to go). But don't ever try to drink and drive, it doesn't worth it. Oh one more think, during POE they will take you secondary immigration entry and ask you questions about your arrest do mention exactly same thing what you mention in your VO interview.

[J1Guy]

pranilmore you will be fine with visa stampings. Don't forget to take court disposition letter with proper stamping and sign, arrest order.

[pranilmore]

J1Guy I hope they drop charges from DUI to wet reckless. (Sorry I mentioned reckless driving before but my lawyer going to try to reduce the charges from DUI to wet reckless.)
Will VO approve my visa if I am charged with wet reckless instead of DUI? I also heard about the medical examination that we need to do.
Regarding dropbox vs interview, we don't have control over it. For every H1B extension visa stamping, if you go for stamping within 2 years of h1b extension approval, you have to choose drop box in DS 160.

Hows it going with your case?