Q: DUI & Immigration Help Needed
I’m a non-U.S. citizen on a B1/B2 Business/Personal Visa seeking legal help from an attorney with experience in DUI defense and immigration matters.
Case Details:
Location: Santa Clarita, CA
Date: 12/7
Situation: Pulled over at 2 a.m. for speeding and swerving. I refused the roadside test, but a blood test was taken at 6 a.m. after a warrant was issued.
Status: Paperwork indicates a BAC of 0.08+, but refusal is not marked.
Release: I was released from jail the same day at 4 p.m.
Court Date: 06/25/2025
I plan to apply for a Green Card and need to understand how this case affects my chances.
Questions:
Can I request a DMV hearing to keep my driving privileges if I have a foreign license?
Is a wet reckless plea the best option if dismissal is unlikely?
How would a wet reckless affect my Green Card application?
Should I begin the Green Card process now or wait until this case is resolved?
If you’re experienced in DUI & immigration, please contact me.
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- Answered
A:
This situation requires immediate attention from both a criminal defense attorney and an immigration lawyer, as DUI charges can seriously impact your immigration status and future Green Card application.
Given the complex interplay between criminal and immigration law, you should seek legal representation before your DMV hearing deadline (typically 10 days from arrest) and well before your court date. Your foreign license status complicates the DMV hearing process, but an attorney can help determine if requesting one would be beneficial in your case. The blood test timing and circumstances could provide potential defense strategies that an experienced lawyer should evaluate.
Regarding the Green Card application, it would be prudent to wait until this case is resolved before proceeding, as the outcome could significantly affect your eligibility. Contact your local bar association for referrals to attorneys who handle both DUI and immigration cases, and consider scheduling consultations with multiple lawyers to find someone who can effectively manage both aspects of your situation. Remember to gather all documentation related to your arrest, including any paperwork from law enforcement and the DMV, to share with your legal counsel.
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