In New Jersey, a DWI is most commonly associated with alcohol. However, that is not the only way an individual can be charged with driving while under the influence. Under New Jersey statute 39:4-50, the law encompasses driving under the influence of not only intoxicating liquor, but also narcotics, hallucinogenic or habit-producing drugs. In other words, operating a motor vehicle under the influence of marijuana can give rise to a DWI charge just as easily as driving impaired due to alcohol.
This is a very common question that we deal with in the ordinary course of our business. Unfortunately, it is also one that is extremely complex and heavily dependent on a number of factors, including but not limited to the nature of the offense; one's immigration history; as well as one's criminal history. In general, in this climate, any arrest-even for offenses which may not be deportable-can potentially have an impact on one's immigration stay here.
In yet another ominous sign of the erosion of judicial independence, Acting Attorney General Matthew Whitaker recently certified a case to himself that may have a significant impact on foreign nationals charged with Drunk Driving or Driving Under The Influence. The case is Matter of Castillo-Perez, and this case is particularly important given the issues that the Attorney General will be deciding-possibly overruling previous BIA precedent. According to the certification, the Attorney General is directing the parties to address the following questions:
When it comes to DWI (39:4-50) in NJ, many people-including attorneys-often overlook the ramifications of a DWI on admissibility. Clients are often so concerned about deportability that they or their counselors may neglect to explore the impact of a Drunk Driving conviction on admissibility-which comes into play whenever a non-US citizen wishes to enter the United States or when an individual applies for permanent residence, either through the consular process or alternatively, adjustment of status.