What Effect Will a DUI Have on My Immigration Status

The two main ramifications of a DUI on anyone who is an alien is deportation or denial of admissibility. An alien is anyone who is not a citizen of the United States and owes political allegiance to some other country. We recommend you consult with an immigration attorney because certain DUI convictions can affect your legal status. Although most DUIs are classified as misdemeanors, the penalties are quite severe. Furthermore, penalties for second or third time offenders are much worse, and if there is an injury involved your DUI could even be classified as a felony.

In some instances a DUI can lead to deportation. The Unites States Citizenship and Naturalization Services (USCIS) may determine that your DUI is a crime involving moral turpitude and or a crime of violence under current immigration laws. A crime involving moral turpitude is grounds for deportation or inadmissibility, denial of adjustment of status, or a finding of bad moral character at a naturalization interview. However, an ordinary DUI conviction by itself is generally not considered a crime involving moral turpitude. With that said, if there are any aggravating factors, such as receiving your DUI while driving on a suspended license, your DUI may be determined to be a crime involving moral turpitude.

You should also be aware that conviction under immigration law is much broader than under regular criminal law. Conviction is defined in immigration law as a formal judgment of guilt, or if adjudication of guilt has been withheld, where:

1. A judge or jury has found the alien guilty or the alien has entered a plea of guilty or nolo contendere (no contest) or has admitted sufficient facts to warrant a finding of guilt, and 2. The judge has ordered some form of punishment, penalty, or restrain on the alien's liberty to be imposed.

Therefore, a diversion program where no conviction is entered can still be considered a conviction under immigration law. Each state has different laws with regards to DUIs. Arizona has some of the strictest DUI penalties in the country and that is why it is especially important that you consult with both a criminal and immigration attorney before being convicted of an offense that can permanently affect your immigration status. And please don't attempt to lie about your conviction. Lying about a DUI conviction on a visa application can result in a finding of fraud and misrepresentation which is sufficient cause for inadmissibility into the U.S. Besides, they have your fingerprints and your photograph when you were arrested so it's not likely you're going to get away with it.

Ways to Avoid an Arizona DUI Charge

Arizona DUI with prescription medications on the rise

In Phoenix Arizona, did you know you can get an Arizona DUI without being drunk, or having had any alcohol at all? It's true. You can get a DUI if you are "impaired to the slightest degree" due to being under the influence of medication. Arizona imposes harsh penalties for any type of DUI regardless of if it is alcohol or medication related.

According to recent news agencies (source Arizona Department of Public Safety Laboratory ) report Arizona arrests + 377% surged in 2009 over from 2001 due to charges of DUI linked to legally prescribed medications such as Valium and other psychoactive drugs to treat muscle pain, anxiety or insomnia. Arrests can occur even if you are driving impaired due to an over the counter accessible medication. If the law enforcement officers stop you, and suspect you of driving impaired, in absence of alcohol use you will be subjected to toxicology testing with blood draw or urine sample. If the results are positive, you will later be charged with a DUI. The severity of the DUI charges will be based on how much of the substance was found in your body based on the results of toxicology testing.

Punishments can include fines, fees, and incarceration. For example, Arizona DUI laws specify that a person must serve at least 24 hours in jail if convicted of even the most basic or misdemeanor Arizona DUI charge. This will increase quickly to 30 days for an Arizona extreme DUI, then 45 days for an Arizona Super Extreme DUI. The maximum jail sentence for any single misdemeanor DUI charge in Arizona is 180 days.

It can easily happen to anyone, anytime, anywhere. So if you have taken any medications that may impair your ability to drive safely, you are better off getting a ride to your destination from family friend, taxi or other source who is not impaired. Leave the keys. You and everyone else will have piece of mind and be a lot safer on the road.

Things to Know About a DUI

There are three main points to consider if you are facing a DUI charge. This article is a brief outline of each of these, and will give you something to consider if you are facing a DUI charge.

Driving under the influence is perhaps one of the most common charges that you can end up with. Why? Well most people do drink socially, and some always think they are 'fine' to drive, even though they are past their limit.

Everyone has a different level of tolerance for alcohol and other substances that lead up to a DUI charge so I find people that say you only had one - its okay have another - quite annoying. I know if I have even one drink, it is possible for me to get a DUI.

On to the three considerations - as ugly as these are, you have to face them when considering if you will be successful in getting out of or off a DUI charge even with a great attorney.

1.) Did you injure anyone else? This is critical, if you injured someone else, it is more likely the charge will hold.

Causing injury or death to someone will greatly reduce your chances of beating a DUI.

2.) Did you damage anyone's property? Again, causing monetary damage to someone else's property makes it more difficult to beat your DUI.

Causing damage to other peoples property, and being responsible to fix, repair or replace the property will greatly reduce your chances of beating a DUI.

3.) Have you been charged with DUI before? If you are a repeat offender, it will be less likely that you will beat the charge.

Repeat driving under the influence offenders are more likely to have the charge stick as opposed to a first time offender

There are other things that come into play when trying to beat a DUI, but these are the most important.

The Effects of a DUI Fade With Time

Receiving a DUI conviction is, without a doubt, a low point for many people. Possible fines, license revocations, and other penalties can have a serious impact on the convicted person's lifestyle. Still, it is not the end of the road. These penalties' impact will fade with time, until their life is back to normal.

The first impact people feel from a DUI charge or conviction is a revocation of their driving privileges. Since many working professionals rely on their car exclusively for transport, now being reliant on another person or on public transportation can be quite a shift. This is, of course, temporary however. Most DUI license revocations last a year as long as the person pays their fines on time. By that time, they may be appreciating the amount they save on insurance and gas money!

Another detrimental effect on a person convicted of a DUI is the financial one. The fines for a single DUI, to include costs of mandatory rehabilitation, can be upwards of $10,000. Some people go into debt over a DUI conviction, leading to a failure to pay fines and further penalties. If the fines are manageable, the insurance increase will most likely not be. Insurance premiums can rise 300-400% immediately after a DUI, making the cost of driving almost if not prohibitive. Luckily, like an accident this will fade over time. Most insurance companies ask if a person has had a DUI within five years, after which time they are treated as a minor infraction. After ten years, most of the time a DUI is considered yesterday's news by all concerned parties.

The criminal aspect of a DUI can be a little trickier. Most jobs ask on application whether or not a person has been convicted of a crime; a DUI is, unfortunately for them, a crime. Many times employers understand of a DUI, however. Even most police departments will accept an applicant with a DUI as long as a certain amount of time has elapsed. Like the insurance issue, time heals this wound, and the person will be employable before long.

One way to alleviate some of these potential consequences, aside from not drinking and driving, is to hire a DUI attorney. A DUI lawyer on retainer is a great asset in case you are accused of or charged with a DUI. They will speak to the police on your behalf in many cases, and if you are arrested and charged they can negotiate with the prosecution on your behalf to reduce the sentence. Any improprieties by the police that your lawyer can identify may result in a dismissal of charge. In short, don't skip the step of hiring a DUI attorney, particularly if you are already in hot water!

The Difference Between Civil and Criminal Offenses

There are many things for which we can find ourselves in trouble with the government. While many I do not need to explain, like theft or arson, there are some smaller offenses which will provoke a police response and potentially a penalty, but without the serious implications of a criminal conviction. Surprisingly, civil offenses are in the same class as a civil lawsuit between two parties.

A criminal offense is one which is a violation of a law which can carry jail time. These are generally offenses against another person or society in general, and carry sometimes thousands of dollars in fine and time in jail. Criminal offenses are always between the state (or federal government) and a defendant, however only the defendant can appeal the case if he or she loses. Furthermore, in a jury trial the decision must be unanimous, and the proof of burden is "beyond a reasonable doubt." In other words, the jury has to agree 100% that someone is absolutely guilty or at fault.

A civil offense falls under civil law and can only carry a fine. Even if a person fails to pay their fine, they cannot be imprisoned. Civil offenses are generally relegated to noise or trash ordinances, or traffic penalties (although there are situations in which traffic infractions are crimes, such as extreme speeding or reckless endangerment). Civil cases are very different from civil ones. For example, a civil case can be decided not just for one party or another, but partially one and partially another. Also, the jury does not usually have to be in 100% agreement, and they only have to decide "based on the preponderance of evidence," or they must determine it is most probable (or "more likely than not").

This is why in many cases states will try cases in civil court. Especially in complex financial cases, there is less burden of proof and the jury does not have to be as certain. This is an important protection in our legal system, so that only criminals are imprisoned and they are determined beyond the shadow of a reasonable doubt that they are guilty. Also, any party may appeal a civil case, although this does not determine whether or not it will be heard by the court.

It is important to get representation in any case. Regardless of the strength of your case, you may be caught up by legal complexities which you don't understand. Particularly if you are facing a heavy financial loss or jail time, contact an attorney if you receive a summons.

States Require Ignition Interlock Devices

Many different penalties exist for drivers who have been convicted of driving under the influence of alcohol/drugs or driving while intoxicated. Some states choose to use different penalties, based on the circumstances, and others have specific penalties that are used for specific offenses, such as monetary fines based on first offense, second offense, and so on. However, many states are now requiring the addition of an ignition interlock device (IID) when the driver is allowed to reinstate his/her driver's license.

The majority of states do not allow driving-even restricted driving to/from work or school-for a predetermined time period following a DUI/DWI. This time period can range from a few months to several years, or even a lifetime in severe cases. It depends on your unique criminal background, any prior history of DUI/DWI convictions, and any aggravating factors. These can include speeding excessively, causing extensive injuries or fatalities, doing a lot of property damage, having an extremely elevated BAC (blood alcohol content), refusing to cooperate with sobriety tests, running from law enforcement, and similar behavior.

An ignition interlock device is a relatively new addition to the penalty lineup, and is not used in every state. If you are convicted of DUI/DWI in a state that uses an IID as a penalty, you will likely have to have one installed at your own expense, but this restriction is often preferable to having no driver's license or driving privileges at all. The machine works by requiring the driver to breathe into it at random points, to start the vehicle, and while the motor is running, at frequent intervals, to prevent someone else from offering the breath sample.

If you do not pass the test, an alarm will sound, such as your horn honking or a siren sounding, depending on the device. It will not turn off until you have turned the vehicle off, giving you time to pull over in a safe place. You just have to listen to the alarm sounding until you can safely get off of the road, and everyone around you can hear the same alarm.

Some people have attempted to circumvent the machine by removing it or tampering with it, but this can add time to a jail term, or cause you to have to serve a suspended sentence. You could also face additional fines and/or penalties for this type of behavior. It is better to cooperate with the punishment, and seek alternative methods of appeal through a lawyer if you believe that the punishment was not earned for whatever reason.

Machines like this have been added to the penalty phase of a DUI conviction in order to discourage repeat offenses. Many states use the IID as even a first offense penalty, and more states each year are seeing the effectiveness of the device and opt to add it to existing penalties via legislature, to reduce the number of alcohol-related accidents and deaths in the United States. If you have been arrested for DUI, it is critical to get help from an experienced lawyer right away to discuss the possible penalties in your case, and begin building an effective defense.

This information is provided solely for informational purposes and does not constitute legal advice.

New Drunk Driving Laws Since 2007

The start of 2007 was a witness to just how strict the State of Arizona can be when it comes to first-time DUI offenders. It was in 2007 when they have also introduced a new classification for drunk drivers called the "super extreme". These things suggest that when you get caught for violating their DUI laws in Arizona, you will be faced with some of the toughest penalties in the country.

"Super extreme" DUI offenders are those found to have a blood alcohol content of .20% or higher. If categorized as super extreme, you will have to go through a mandatory punishment of 45 consecutive days of jail time. Being mandatory, the court is not allowed to suspend the said jail time. Most certainly, fines and costs are higher too and the days your license gets suspended is longer.

Even for the first time offenders of the slightest degree of DUI or BAC above .08%, they have toughened up the law by requiring the installation of an ignition interlock device to your motor vehicle. It is a mechanism that works like a breathalyzer. The device basically prevents the engine from being started if the driver's breath alcohol concentration is greater than what is programmed and thus allowed. This is in addition to fines and jail costs, suspension of license, community service and imprisonment.

You can expect to undergo a lot of hassles if you get pulled over and were proven to be driving under the influence. If this happens, one of the most important things you should keep in mind is that you have rights even as an offender. These should not be taken for granted as remembering these rights will help you stay out of more complications. One of these rights is your right to remain silent. As much as possible do not answer any questions until you have your legal counsel by your side. Keep in mind that anything you say can cause your case to become graver. This brings us to another important thing you should do we faced with a DUI case, which is for you to get a DUI lawyer to represent you. Since DUI laws differ from one state to another, it is best to contact a lawyer who is thoroughly familiar with DUI laws in your state. Hire an Arizona DUI lawyer to represent your DUI case that happened in Arizona. This will do you good as the DUI lawyer will be able to help you in a lot of ways.