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First DWI with BAC 0.16<

Colleyville, TX |

Hello,
I was arrested for first DWI and my cases is still pending. I have to visit my home country in few weeks, so will i have any problem going out or entering US. I am on h1-b.
Thanks a lot for help

Attorney Answers 4


  1. You should re-post this in the "immigration" section. I am not an immigration attorney so this is only a guess--I think that if your case is still pending you should be OK--UNLESS there is a warrant. If there is a warrant, my understanding is that Homeland Security will take you into custody at customs upon your arrival.

    This answer is my personal opinion, offered for informational purposes only. It is not a legal opinion, nor is it legal advice, nor does it create an attorney-client relationship with anyone reading it.


  2. I agree with my colleague.

    DUI charges can effect your status in the US and you ability to be admitted at a port of entry. Also, if you have a pending case, you are more than likely restricted on you ability to travel. Most jurisdictions have specific restrictions as to notice to appear of whatever notice document you were provided. Since the Padilla v. Kentucky USSC concerns you need to work with a Texas criminal attorney and a immigration attorney who can advise as to what the immigration implication will be. Criminal adjudication such as no contents or diversion may still be considered a conviction for immigration law.

    Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.


  3. You should contact a lawyer experienced in immigration and criminal law. If you have not been convicted, you probably won't have a problem. You can contact the State Bar of Texas for a referral in your area. Definitely do this before leaving the country.

    This is intended as only general legal advice. Feel to visit my website, www.austincriminaldefenseattorney.com for my blog on crime and punishment in Texas You may also email me through my site.


  4. Have you checked with the bonding company that posted your bond? It is possible that under the terms of your bond you are not permitted to leave the country while your case is pending.

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