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DUI arrest but no charges. Getting mixed answers about needing lawyer. Please help

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  • DUI arrest but no charges. Getting mixed answers about needing lawyer. Please help

    Times are tough right now so I'm trying to figure out if I really need to hire a lawyer.

    I was arrested for DUI 4 years ago. No accident just pulled over for a traffic violation. I was not over the legal limit of .08. The DA did not file DUI charges against me but I did get a traffic ticket. I have no other arrests, no misdemeanors no felonies, no probation. I made a mistake that one night and I'm thankful no one got hurt. I do have some other driving violations but usual things. Most of the driving violations are years apart.

    I just don't know if I need to hire someone. The last lawyer I spoke to tried to scare me and said I could be placed in deportation process for a DUI when I had just explained I did not actually get a DUI and I also told him I'm a permanent resident. My research shows that could only happen to an illegal immigrant.

    So I have 3 questions.
    Do you think I need to hire a lawyer before I submit my N400?
    A lawyer said that from my arrest alone, US Immigration will count that as being guilty even without being convicted? That seems crazy. Is this correct??
    I read that an applicant should not have any arrest within the last 5 years. Why is this suggested when the charges were dropped?

    Thank you for your help.

  • #2
    Start with getting copies of all available documentation for the arrest and court disposition. Then you will know what you need to report and what DHS will see when viewing your "criminal history" database (probably NCIC).

    DUI felony convictions can result in deportations, sometimes only after one applies for Naturalization and they come up for review during the application process.

    From your description, I don't believe you are a target for that type of adjudication.

    --Ray B

    Originally posted by neveradoctor View Post
    Times are tough right now so I'm trying to figure out if I really need to hire a lawyer.

    I was arrested for DUI 4 years ago. No accident just pulled over for a traffic violation. I was not over the legal limit of .08. The DA did not file DUI charges against me but I did get a traffic ticket. I have no other arrests, no misdemeanors no felonies, no probation. I made a mistake that one night and I'm thankful no one got hurt. I do have some other driving violations but usual things. Most of the driving violations are years apart.

    I just don't know if I need to hire someone. The last lawyer I spoke to tried to scare me and said I could be placed in deportation process for a DUI when I had just explained I did not actually get a DUI and I also told him I'm a permanent resident. My research shows that could only happen to an illegal immigrant.

    So I have 3 questions.
    Do you think I need to hire a lawyer before I submit my N400?
    A lawyer said that from my arrest alone, US Immigration will count that as being guilty even without being convicted? That seems crazy. Is this correct??
    I read that an applicant should not have any arrest within the last 5 years. Why is this suggested when the charges were dropped?

    Thank you for your help.

    Comment


    • #3
      i've had some misdemeanors in my youth, and my lawyer says it's good that it was a long time ago while emphasizing that GMC of 5 years is strickly observed , so unless your GC is about to expire I'd advise that you wait the full 5 years, in case your mere presence in front of judge is brought into question you can point out that it happened 5 years ago.

      Comment

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