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
- 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 based on Drugs?
- 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?