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In my first article, “Immigration Consequences of a DUI,” I defined for you a Crime of Moral Turpitude (CIMT). I also explained that a “Crime of Violence” is considered an aggravated felony for immigration purposes. I also explained although no DUI is “simple,” a DUI without any aggravating factors is not a CIMT or a “Crime of Violence. Today I am giving an example of “non-simple” DUI from an immigration perspective.
Driving Under the Influence of Drugs
In a “simple” DUI, prosecutor has to show that:
- You consumed alcohol over the legal limit; and
- You operated a vehicle while over the limit.
So If you didn’t operate the vehicle or if the amount of alcohol was under the legal limit, you have a solid defense to a charge of 39:4-50. In the prior article, I explained that a “simple” isn’t a CIMT or a “Crime of Violence.” If you were driving while under the influence of a controlled dangerous substance you absolutely will have immigration consequences.
In a drug DUI the prosecutor has to prove that:
- You were under the influence of a controlled dangerous substance; and
- You operated a vehicle while under the influence of that controlled dangerous substance.
Simply possessing a controlled dangerous substance can make you deportable or inadmissible. If you are convicted of that DUI there can be no mention of the controlled dangerous substance. The state lab report can’t be admitted into evidence. Keep in mind, however, that immigration law is federal and the federal government has its own list of controlled dangerous substances. So make sure that any plea considers whether the drug is on the federal list, not just what New Jersey considers a controlled dangerous substance.
So What Do I Do?
If you live out of New Jersey and received a ticket/DUI in Monmouth or Ocean Counties, you can
- Download our free traffic ticket book “Why Pleading Guilty to your New Jersey Traffic Ticket is NOT an option by clicking on the title,”
- Download our DUI book, “Arrested for Drunk Driving? Learn How to Beat the Odds,”
- On the menu on the right you will find our immigration books including a tool to help you figure out if you qualify for legal status,
- You contact me through this site or the chat feature; or
- You can call our knowledgeable staff at 888-695-6169.
- What are the Immigration Consequences of a “simple” DUI 39:4-50?
- What are the Immigration Consequences of a New Jersey Conviction for DUI 39:4-50 when My License is already Suspended?
- What are the Immigration Consequences of a New Jersey Conviction for DUI 39:4-50 with a Child in the Car?
- What are the Consequences to My DACA if Convicted in New Jersey for DUI 39:4-50?
- Will a Conviction for NJ DUI 39:4-50 affect my Green Card or Naturalization Application?
- Will a Conviction for NJ DUI 39:4-50 prevent me from visiting Canada?