Metni, ABD hukuk sistemine ve New Jersey özelindeki teknik terimlere sadık kalarak, profesyonel bir dille İngilizceye çevirdim:
What is DUI?
DUI stands for “Driving Under the Influence.”
It refers to operating a motor vehicle while under the influence of alcohol or other substances.
This concept is not limited to alcohol. Today, with the increasing prevalence of marijuana and similar substances, the scope of DUI has expanded significantly.
Is DUI Evaluated the Same in Every State?
In the U.S., a DUI is a serious violation; however, its legal classification varies from state to state.
For example, in New Jersey, a DUI is technically classified as a “motor vehicle offense” (traffic violation) rather than a “criminal offense.”
Therefore, in most cases, it does not create a traditional criminal record.
However, this can be misleading because in New Jersey:
An arrest can still be made
Fines may be imposed
Driver’s licenses can be suspended
Ignition interlock devices may be required
In certain cases, jail time may be sentenced
In contrast, in many states such as Florida, Texas, and California, a DUI is considered a direct criminal offense and is generally classified as a misdemeanor.
In these states, a DUI can appear on a criminal record and is prosecuted as a criminal case.
Furthermore, certain factors can escalate a DUI to a much more severe level in all states.
Specifically:
Repeat DUI offenses
High BAC (Blood Alcohol Concentration)
Incidents resulting in an accident
Incidents causing injury or death
Driving under the influence of drugs
In these scenarios, the offense may be elevated to a felony (serious crime).
Consequently, while a DUI in New Jersey is not technically classified as a “crime,” its consequences—especially regarding immigration impacts—are extremely serious.
Do Marijuana and Other Substances Fall Under DUI?
Yes. In addition to alcohol:
Marijuana
Certain prescription drugs
Controlled substances can also lead to a DUI charge.
However, there is an important distinction:
While alcohol involves a specific legal limit (BAC), the thresholds for marijuana and other substances are not always as clearly defined.
Therefore, officers evaluate factors such as:
Behavior and demeanor
Attention and coordination
Reaction time
Regulations vary by state. For instance, even in states where marijuana is legal, driving while under its influence remains a crime.
Having a Child in the Vehicle During a DUI
Having a child in the vehicle during a DUI is treated in many states not just as driving under the influence, but also as “child endangerment.”
This can significantly increase penalties and lead to more severe legal outcomes. Especially in terms of immigration processes, such additional charges can put an individual’s status at higher risk.
How is a DUI Detected? (The New Jersey Example)
In New Jersey, police may detect a DUI through the following methods:
Officer Observation
Field Sobriety Test (FST)
Breathalyzer test
If necessary, Blood or Urine Tests
Field Sobriety Test (FST)
These tests typically include:
Walking in a straight line (Walk-and-Turn)
Balance exercises (One-Leg Stand)
Coordination measurements
Breathalyzer: A device that measures the alcohol concentration in a driver’s breath.
An important note:
Refusal to Submit to a breathalyzer test is considered a separate violation and can lead to additional sanctions.
How Does the DUI Process Work in New Jersey?
In New Jersey, the DUI process generally proceeds as follows:
The vehicle is stopped if there is reasonable suspicion
Police observations are conducted
Tests are administered
An arrest may take place
A case file is opened
The case is heard in Municipal Court
At this stage, the prosecution carries the burden of proving that the offense was committed.
The Importance of Evidence in DUI Cases
Evidence is critical in DUI files. Specifically:
Body Worn Camera (BWC) footage
Police reports
Proper administration of tests
Calibration of the breathalyzer device
These factors directly affect the outcome of the case. Files prepared by State Troopers are often robust, while procedural errors may be observed in actions taken by local police.
The Impact of DUI on Immigration
Although a DUI is often perceived as a “traffic ticket,” it actually:
Creates an arrest record (Even if it doesn’t create a criminal record in the traditional sense in NJ)
Enters federal databases
Becomes visible to agencies such as ICE and USCIS
For individuals without legal status:
Risk of entering the ICE radar
Increased possibility of detention
There are also risks for those with legal status:
Green card applications
Visa renewal processes
Entry and exit to the U.S. can be affected.
A Real DUI Case Example
A client of ours decided to drive after consuming alcohol in a social setting in New Jersey.
Initially, they felt fine, but began to feel the effects of alcohol while driving.
An incident occurred when another driver cut them off, and the police were called. In fact, it was the client who called the police.
Upon arrival, the police evaluated:
The smell of alcohol
Demeanor and behavior
Performance on Field Sobriety Tests
The client refused the breathalyzer test, resulting in charges for both DUI and refusal.
What Strategy Did We Follow?
In this case:
Body cam footage was reviewed
Evidence was analyzed
Negotiations were held with the prosecution
Case Outcome
Educational programs were completed
Necessary documentation was submitted
The file was closed in a controlled manner
The client did not encounter serious issues during international travel.
However: These records may be questioned during visa interviews. Therefore, they must be disclosed clearly and accurately.
What are the DUI Sanctions?
Sanctions vary based on the details of the incident.
First Offense
If:
It is a first-time DUI
There is no injury or death
No serious accident is involved
Generally:
The driver’s license may be suspended
Fines may be imposed
Mandatory educational programs may be required
In some cases, the use of an Ignition Interlock Device may be mandated.
Aggravated Situations
Sanctions increase if:
An accident was caused
There is injury or death
It is a repeat DUI offense
These sanctions include:
Long-term license revocation
High fines
Prison sentences
Conclusion: DUI is Not Just a Traffic Matter!
Situations like a DUI are not merely traffic issues. They carry heavy sanctions and can directly impact your immigration status.
In such cases, both criminal defense and immigration law must be evaluated together.
At MC Law Firm, we work at the intersection of these two fields, strategically handling DUI and similar cases alongside their immigration consequences.
Every case carries its own unique risks.
Therefore, the right legal approach can directly determine the outcome of the process.
You can contact us to evaluate both the criminal and immigration dimensions of your case.
201-957-0909
info@mclawfirm.com
Instagram: @allthingsimmigration
