Question about DUI and CIMT

[softvirgo]

What is the name of your state? California


I have read that if you get a DUI while your license is suspended because of previous DUI, it is considered as Crime Involving Moral Turpitude.

But if your license is not suspended but you was on probation for previous DUI and u got new DUI does that also is going to get considered for CIMT.

This is just a matter of dicussion as my friend's fiancee is under same scenario.

I am specifically asking for California state where there is no aggravated DUI statue

In California, All DUI's (except for 4th DUI's and those causing great bodily harm) are simply that, DUI's. You can be *sentenced* much more harshly for a 2nd or 3rd DUI, but the elements of the crime (what the DA has to prove) don't change.

What do you guys think

 

[seniorjudge]

I think driving a vehicle while stoned involves moral turpitude.

 

[garrula lingua]

In most courts in CA, a written plea (Tahl) waiver is signed by the defendant.

The Judge/Commissioner also, verbally, admonishes the defendant when s/he takes the plea:
to paraphrase, "a conviction of this offense may result in your deportation from the US, exclusion from re-rentry to the U.S., and denial of naturalization".

INS (ICE) checks some county jails for 'illegals' with convictions, and picks them up upon release from jail.

 

[softvirgo]

any advice by Immigration attorneys

would be highly appreciated