F-1 Driving: DUI (Driving Under the Influence)

The U.S. imposes very strict penalties for DUI (Driving Under the Influence). If you are caught driving under the influence as an international student, it could impact your current legal status and future immigration applications.

“DUI” (Driving Under the Influence) refers to driving a vehicle while under the influence of drugs or alcohol. This behavior is illegal because it significantly increases the risk of traffic accidents, leading to property damage and loss of life.

DUI regulations vary by state. However, most states use a blood alcohol concentration (BAC) of 0.08% as the threshold for determining whether a driver is legally intoxicated (roughly equivalent to two shots of hard liquor). If a driver’s BAC exceeds this limit, they will be arrested for DUI. Additionally, U.S. law strictly enforces the "Zero-Tolerance Policy" for drivers under 21, meaning that their BAC must be zero while driving.

In addition to alcohol, other substances can also impair driving, including prescribed medications. Some medications prescribed by doctors can be quite potent, causing drowsiness or impairing alertness. It is important to avoid driving after taking these types of medications.

In California, DUI laws impose strict penalties. Even for a first offense, a DUI conviction can result in jail time, fines, community service, mandatory participation in DUI education programs, and license suspension. Additionally, repeat offenses within a short period, or causing serious injury or death, can lead to harsher penalties.

 

Impact of a DUI Record on Visa and Legal Status

• Visa Revocation: U.S. consulates or embassies may revoke your F-1 visa following a DUI conviction.

• Re-entry Issues: Having a DUI record may make it challenging for students to re-enter the U.S. after traveling abroad.

• Challenges in Changing or Extending Student Status: A DUI conviction may complicate the process of changing or extending F-1 student status.

• Impact on Visa Application: A DUI record may affect a student's ability to obtain a U.S. visa in the future.

• Ineligibility for Naturalization: U.S. immigration law stipulates that individuals convicted of DUI cannot apply for citizenship within 5 years of the conviction.

• Permanent DUI Record: The retention of a DUI record varies by state. For example, in Pennsylvania, a DUI conviction remains on your record for life unless removed or sealed through specific legal procedures. Additionally, a DUI conviction can appear on your criminal record and credit report.

 

Legal Procedure After a DUI Arrest

* Take California as an example.

If you are charged with DUI, you will go through the following legal process:

• License Confiscation: The police will take your driver’s license and submit a report to the Department of Motor Vehicles (DMV) that details your arrest.

• Request a DMV Hearing: You have 10 days from the date of your arrest to request a DMV hearing. If you do not request a hearing in time, your driver’s license will be automatically suspended. While waiting for the hearing, you may apply for a temporary driving permit that allows you to drive under certain conditions.

• Joining the DMV Hearing: The purpose of the hearing is to determine whether you can keep your rights to drive. At the hearing, you will have the opportunity to present your case and challenge the evidence against you. It is advisable to have a lawyer assist you in preparing for and attending the hearing.

 

Chemical Testing and Its Consequences

Definition of Chemical Testing

Chemical testing refers to the procedures used to detect the presence of alcohol or drugs in a driver's body. The three types of chemical tests are: breath test, urine test, and blood test.

Consequences of Refusing a Chemical Test

By law, when you apply for a driver’s license, you automatically agree to consent to undergo chemical testing if required. Refusing to take a chemical test can result in the immediate suspension or even revocation of your driver’s license. However, there are exceptions, such as for individuals with hemophilia or those taking anticoagulant medication.

 

DUI Penalties

1. Blood Alcohol Concentration of 0.08% - 0.099%, or deemed unable to drive safely

Offense	License Status	Penalty	Fine	Other Measures
First Offense	No suspension	Up to a 6-month probation	$300	Safety education courses, potential alcohol treatment, alcohol dependency evaluation
Second Offense	1-year suspension	5 days to 6 months in jail	$300-$2,500	Safety education courses, alcohol dependency evaluation, 1-year ignition interlock device, potential house arrest
Third Offense	1-year suspension	10 days to 2 years in jail	$500-$5,000	Alcohol dependency evaluation, 1-year ignition interlock device, potential house arrest
Fourth Offense and Beyond	1-year suspension	10 days to 2 years in jail	$500-$5,000	Alcohol dependency evaluation, 1-year ignition interlock device

2. Blood Alcohol Concentration of 0.10% - 0.159%, or other specific circumstances

Offense	License Status	Penalty	Fine	Other Measures
First Offense	1-year suspension	48 hours to 6 months in jail	$500 - $5,000	Safety education courses, alcohol dependency evaluation, potential alcohol treatment, potential house arrest
Second Offense	18-month suspension	90 days to 5 years in jail	$1,500 - $10,000	Safety education courses, alcohol dependency evaluation, 1-year ignition interlock device, potential house arrest
Third Offense and Beyond	18-month suspension	1 to 5 years in jail	$2,500 and above	Alcohol dependency evaluation, 1-year ignition interlock device, potential house arrest

3. Blood Alcohol Concentration of 0.16% and above, or other specific circumstances

Offense	License Status	Penalty	Fine	Other Measures
First Offense	1-year suspension	72 hours to 6 months in jail	$1,000 - $5,000	Safety education courses, alcohol dependency evaluation, potential alcohol treatment, potential house arrest
Second Offense	18-month suspension	90 days to 5 years in jail	$1,500 and above	Safety education courses, alcohol dependency evaluation, 1-year ignition interlock device, potential house arrest
Third Offense and Beyond	18-month suspension	1 to 5 years in jail	$2,500 and above	Alcohol dependency evaluation, 1-year ignition interlock device

 

What to Do If You Get Arrested for DUI?

You must follow the legal procedures required by authorities. As an international student, you also need to pay special attention to the following points:

1. Consult Lawyers

• Criminal Defense Lawyer: Contact a criminal defense lawyer to handle the DUI charges. A lawyer can help you respond to the charges, represent you in court, and negotiate penalties.

• Immigration Lawyer: Since a DUI can affect your F-1 status, you may need to consult an immigration lawyer to understand how the charge will impact your visa, student status, and future immigration applications.

2. Notify Your School

You may need to inform your school of any criminal charges. You should contact the International Students Office to understand any potential impacts on your student status.

3. Comply with All Legal Requirements

Follow all instructions from the court or your lawyer, such as attending court hearings, completing safety education courses, and paying fines. Failure to comply can lead to more severe consequences.

4. Maintain Your Student Status

Ensure that you continue to meet all F-1 student requirements, such as maintaining full-time enrollment and a valid I-20. If your school decides to terminate your I-20 due to the zero-tolerance policy, you can consider maintaining your F-1 status by transferring to another institution.