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Is aggrivated dwi (refusal to blow) going to prevent me from attaining immigration ? Is this a considered moral turpitude ?

Las Cruces, NM |

I was convicted of aggrivated dwi for not blowing into police breathalyzer "not wanting to self criminate myself" hence the aggravating factor. Is this against moral turpitude and grounds for rejection of n-400 application..

Attorney Answers 3


  1. Depending on the exact language of the conviction/statute ... it 'might' be a problem.

    Meet with a local attorney who knows the attitude of the local CIS examiners.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  2. The immigration consequences of convictions depend on the exact language of the statute under which the conviction took place.

    You need to retain an experienced immigration lawyer to review all the facts, including the court disposition and the charging documents, in order to advise you, and handle the case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  3. If this incident happened within the past 5 years, it does not look like a good case for naturalization. However, discuss all facts with a competent immigration attorney to proceed.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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