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If I was arrested for a DUI, but haven't yet been convicted or sentenced, will it affect my Deferred Action application?

Garden Grove, CA |

I was arrested for a DUI, got a lawyer, and plead not guilty, my lawyer is putting off the sentencing/conviction as long as possible so I can apply to the deferred act, so if I haven't yet been found guilty or sentenced of said DUI, will it still count against me while they are reviewing my case, or will it not matter since I haven't been yet found guilty? My lawyer can put the sentencing off until after my application has been approved or denied.

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Attorney answers 3


If you have a lawyer, and you trust his judgment, follow his/her advise. If you doubt what you are being told, than change lawyers! You are fishing! There are no fish in this pond! Good luck!


You have an attorney.

Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at

Joshua Paul Shelton

Joshua Paul Shelton


I recommend you communicate directly with your attorney as well.


Speak to an immigration attorney. This area of law is very new. If you already applied for deferred action and your application gets denied you will be subject to deportation. Your lawyer may have the answers you are looking for. If he or she does not ask them to refer you to an immigration attorney. If they do not have a referral for you, then find your own immigration attorney.

The above information does not establish an attorney client relationship nor is it meant to provide legal advice.

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