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Arrested For DUI in Dec 2003 in Santa Clara County,CA. Non US national. No longer in USA. Complex Case. Need advise/help.

San Jose, CA |

I was arrested for Drunk Driving on Dec 09th 2003 and was charged with VC 23153 (A) according to the discharge paper that I received when I was released.Was asked to appear for hearing-appeared but the date moved to a later date.For work I was travelling internationally after taking permission from my PT Officer.In April 2004,I got transferred out of US permanently.My lawyer reported that I needed to pay 1500 fine AND do community service or serve 21 days in prison.I paid the fine online but I could not visit US because my visa had expired and I could not get it renewd.A couple years later,my company HR(in US) got a call from fugitives dept looking for me.I was on a Work Permit when it happened.I am an Indian national.I want to know what will happen now if I want to go to the USA again.

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Attorney answers 3


Are you sure it was 23153(a) and not 23152(a)? The former is a DUI plus bodily injury while the latter is a standard DUI. Either way, you violated your probation by not conforming to its terms and you could be sentenced up to the maximum allowed by statute. If you come to the US again you will either be sent back or arrested at the port of entry. If you need help with this matter speak to your original attorney or call me at 415-753-1889.


You will have to get it straightened out before you come back. You may not be allowed into the country or you may be arrested upon entrance.

Edward J. Blum


The issues that you present require the assistance of an immigration attorney as well a DUI attorney to assist you court. In order to return to the U. S. without concern about the possibility of being arrested, you will need to clear the probation violation in Santa Clara County. Your original attorney can assist you with this or, you can hire someone else to assist you. You should have an immigration attorney speak with you about how this will affect your potential re-entry to the United States.