swengineer

Hey Guys,

I'm getting a wet reckless, reduced from a dui, in california, and i'm going back to renew my visa.

I have not been convicted yet , i'm super worried about comming back to the us. it looks like the conviction will be place in oerder by the end of october. i'm going back the first week.

I've heard that it will result in denial. Is that correct? how can i prepare myself for this ?

thanks for your informaiton.

All best.

Often1

Get yourself a really good immigration attorney. Screwups here can result in problems, not just now, but for many years.

The US takes alcohol-related stuff really seriously and, unfortunately for you, motor vehicle crimes are much better and rapidly tracked than non-motor vehicle.

You don't explain your status, visa or nationality, so it's hard to answer with certainty. But, you should plan on being denied a visa and being excluded even if one is issued.

swengineer

I'm an H1B visa holder from Peru, i did hire a lawyer for the dui , it doesnt matter here, but i actually had less than 0.08 on me, she can still try to get ti to a dry reckless, but it 's still the same offence.

Thanks , i will get myself an immigration attorney

VelvetJones

Sorry you had to deal with our growing police state. Apparently they are not getting enough money from DUIs so they've resorted to inventing new crimes. Blow well under the limit, too bad you're still guilty.

FlyingHoustonian

not to digress to much but in Oklahoma they will arrest you if you just have your car keys out because you have the "intent to drive drunk"...

I loathe drunk driving but the money grab for some police agencies is absurd

SWCPHX

.08 is just the number that defines presumed to be impaired. If you're found to be .08 or higher the prosecution doesn't have to prove impairment because numerous studies over the years have shown that an operator is impaired at .08 or higher. You can still be impaired at less than .08 and then it's up to the prosecution to show how you were impaired, it could have been a substance that was magnified by the alcohol that led to impairment. Furthermore, depending on when the test was taken, the percentage at the time of the stop can be determined based upon statistical analysis taking into account metabolism, weight, sex, etc. You could have blood drawn hours after the stop that comes back less than .08 but based upon the reverse analysis, it can be determined that hours prior at the time of the stop you were in fact over .08.

SWCPHX

And from what I've been told, a wet reckless in CA carries the same punishment as a first offense DUI, it just sounds better.

Often1

OP has already stated that he's pleading guilty. If he's not, he can take it to trial and win or lose as the facts come out.

This thread is about the immigration implications of a plea and those are extraordinarily serious and are the reason he needs a skilled immigration attorney.

UshuaiaHammerfest

Wholeheartedly agree that OP should discuss with an immigration attorney before making a final decision.

I can't help but wonder, however, whether a conviction matters in this type of situation. The arrest is already on the record, and I have yet to hear a LEO ask "Have you ever been convicted of a crime?" -- especially an immigration officer in any country (not just US). Whenever I've been asked about criminal history by a LEO, whether police or immigration (entering Canada as a US citizen, for example), it has always been phrased "Have you ever been arrested?"

cbn42

If you answer yes, then my guess is the next question will be "what happened next?" and you can specify if you were convicted or not.

WillCAD

Yes, definitely get yourself an experienced immigration attorney to advise you, and do it before you make a plea on this offense. His advice might change your mind on the plea.

And by the way - don't drink and drive any more. You put yourself and everyone else on the road in mortal danger when you do, which is why it's illegal in the first place. Call a cab, go with friends and designate a driver, or buy some booze and drink at home, whatever you have to do, but don't ever touch the sauce when you know you have to drive home later.

Paul56

It doesn't look very good to not be following the laws of the land
where you have been granted a work visa.

Get an immigration lawyer to advise you... not a forum.

Loren Pechtel

It sounds like he was driving recklessly. That's always been a crime.

TWA884

You may also want to consult another criminal defense lawyer, preferably one who specializes in DUI defense.

Under most circumstances, and I am not privy to your arrest reports, including the description of your driving, the field sobriety tests, the PAS results, the type of blood alcohol analysis, the actual blood alcohol reading and the machine's maintenance logs, an offer of a "wet" reckless is a poor plea bargain if the reading is under 0.8%. Depending on the jurisdiction, it should vastly improve on the eve of trial.

There is a huge difference between a "wet" and a "dry" reckless. What you really want is to settle the case for an offense that carries only one point on your driving record.

UshuaiaHammerfest

Really, don't waste your money on DUI specialists. DUI lawyers specialize in pleading cases to wet reckless and collecting $2500 for their hour of trouble. (This both from multiple friends that are lawyers, and at least one friend that got a DUI.) Lawyers who specialize in DUI don't like to take cases to trial or even go through your particulars -- they make a lot more money by pleading you out. And as has been said, "wet reckless" is the *exact* same thing as a DUI in the eyes of law enforcement, it just lets you save a little face on job applications.

Consulting a defense attorney is probably a very good idea for precisely the reasons TWA884 cites, but avoid the DUI specialists.