DUI

[nikobsd]

Is a single DUI CIMT ? I was addmited to ARD program and successfully finished it . http://www.hilleslaw.com/PracticeAreas/ARD-Expungement.asp

I dont know it comes up in my record or not.

[~MP~]

Was anyone injured?
I dont think it is a CIMT because there has been people with DUI's that have been approved.

[Chapital]

My attny wrote in our brief a legal argument that a single DUI (which my husband has) is not a CIMT. I suppose the circumstances of the DUI could influence their interpretation, but it seems that most typical DUI convictions are not considered CIMT

[Salsa2]

How recent was the DUI? It is best if it is over 3 years old at the time of your interview.

Provide all the information, police report, court disposition, rehab, etc with your HSL. There is a good chance you could be backlogged unless your hardships are particularly severe.

My hubby had a DWAI, which is not as serious as DUI, and it was in 2000, we were backlogged.

[chalakita]

Salsa - What is a DWAI?

[Salsa2]

"Driving While Ability Impaired." It's a special Colorado thing.

You get charged with DWAI for blood alcohol of .03 - .079. You can't even have one drink with dinner and drive home or you can get busted.

I am afraid the adjudicators mistook hubby's DWAI for a DWI. DWI is worse than DUI, but DWAI is not as bad.

[~MP~]

What is a DWI? Is this mixed with drugs?...my husband has DUI :(

[Salsa2]

Driving While Intoxicated.

Not sure of the levels for that one. I think it is if you are WAY over the legal limit or are on drugs.

[chalakita]

Thanks for the info!

[workboresme]

I got a DUI in 2004 and I was still approved.

[Chapital]

I think I posted this before also, but I guess here in Indiana DUI's say "under the influence of alcohol or controlled substances" so it caused a full day's delay for the immigrant visa interview while they verified that it was alcohol and not drug related....for those of you with DUI or DWI or DWAI it's probably worth making sure you know what the records show for your specific conviction

[nikobsd]

Do i have to mention that i had a DUI and stuff in my letter that im going to send with I-601 along wiht my wife's hardship letter?

[shannon]

DUIs (at least a single DUI) are not CIMT.

[sandra191406]

What is a CIMT?

[nikobsd]

its a DUI but i had a controlled substance in my blood (weed)

[sandra191406]

Good question Nikobsd.

My husband also has a DUI, so I'd also like to know how it should be worked into the HSL packet. I don't think it needs to be mentioned in the HSL...but I do think the info needs to be somewhere in the HSL packet. Does anyone else know?

[nikobsd]

Im waiting for FBI fingerprint check, also im working to expunge it I was admitted to an ARD program.

[lilikoi31]

I would mentioned the DUI , just to show that you are honest, because you never know what they have on there records.If there is nothing else I think that should not be a problem..But if you hide something and they find out , maybe they think there is something else...

[shannon]

My fiance has a single DUI (7 years ago, alcohol, no drugs). It's not considered CIMT (crime involving moral turpitude), and he would not have been denied the visa for it. Although it's not the reason for denial it is mentioned in our application (in the lawyer's brief and in his personal statement) because they have his records and will see it there and it could weigh against him in the decision. He sincerely regrets it and hasn't repeated it and it's better to express this. In my opinion the DUI is much worse than the CIMT he was denied for (failure to pay for a rental car) because it had the potential to injure or kill someone. It was also more severely punished ($1000 fine plus loss of license for a year). But that's the law..