I am invited to lecture at the DWI institute to attorneys about the immigration consequences of a DUI conviction.  Since that seminar is just for attorneys and because the information is so important, I am making this video series for you. 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.

Convicted for a DUI (39:4-50) while driving with a Suspended License (39:3-40)

Driving with a suspended license in New Jersey in violation of N.J.S. 39:3-40 and charged with a DUI, is an aggravating factor because you knew your license was suspended and drove anyway.  That is a culpable state of mind and will be considered a CIMT.

It may also be considered a “Crime of Violence” under limited circumstances.  Since August of 2011, it is now a fourth degree crime in New Jersey to drive with a suspended license during the suspension period after having been convicted of two or more DUI’s, in violation of N.J.S. 2C:40-26.  If convicted of this fourth degree crime, you will go to jail for a minimum of six months and as much as 18 months.  This conviction is most certainly a CIMT and it may be considered a Crime of Violence since you can spend more than 365 days in jail.

So What Do I Do?

If you live out of New Jersey and received a ticket/DUI in Monmouth or Ocean Counties, you can

  1. Download our free traffic ticket book  “Why Pleading Guilty to your New Jersey Traffic Ticket is NOT an option by clicking on the title,”
  2. Download our DUI book, “Arrested for Drunk Driving?  Learn How to Beat the Odds,”
  3. 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,
  4. You contact me through this site or the chat feature; or
  5. You can call our knowledgeable staff at 888-695-6169.

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