DUI - Impact on Visa

"We do not want a police state, and it seems we are on the precipice of becoming one in the name of DUI."
- Martin v. Commonwealth

First, I was surprised to see a blog dedicated entirely for DUI (Driving Under Influence), See http://www.duiblog.com/about/, sounds interesting right...

A charge or a record on DUI would delay action on a visa, but that does not mean that drunkard is not eligible to enter the United States. Please click here to see the Cable issued in June 2007 by U.S. Department of State (DOS).

In India DUI is not an issue at all, you probably would have read about celebrities

driving recklessly after consuming alcohol more than the prescribed limits and causing serious injuries (even killed so many) pedestrians. But in US a DUI applicant is considered or presumed of having a Mental or physical disorder and therefore to ensure that the problem wont persist, the candidates applying for a Visa with such a record may be screened for a separate ground of inadmissibility related to physical or mental disorders that pose a danger to the individual or to others. The cable applies to all alcohol-related offenses.

First, a DUI Immigrant other than loosing driving privileges and facing higher insurance premiums, drunken driving convictions, CIS determines this offense as a "crime involving moral turpitude." Such a conviction can lead to inadmissibility to or deportation from the U.S., denial of adjustment during the green card process, or a finding of bad moral character at a naturalization interview.

Often BIA has ruled that Operating while intoxicated offenses fall under the larger canopy of crimes of violence. BIA recommends a fresh research be conducted every time a driving under the influence case arises, because BIA precedent (and federal court) cases have been inconsistent on the issue of whether "DUI" is a crime involving moral turpitude.

Few points to note:
• Simple DUI, with no aggravating factors, is not a crime involving moral turpitude. Likewise, felony DUI (based on multiple simple DUI convictions) is not a crime involving moral turpitude. See Matter of Torres-Varela, 23 I&N Dec. 78 (BIA 2001).
• However, a DUI offense combined with some other aggravating factor that contains the element of knowledge, like driving with a suspended license, may be considered a crime involving moral turpitude. See Matter of Lopez-Meza, 22 I&N Dec. 1188 (BIA 1999).