Questions often arise concerning convictions for driving under the influence (DUI). Many applicants feel that such a conviction could result in a denial of an application for adjustment of status or for naturalization. This could only happen if a DUI conviction were considered to be a “crime involving moral turpitude.”

In a precedent decision, and one that is binding on the CIS, the Board of Immigration Appeals held that a conviction for driving under the influence (DUI), as defined by the following language, does not constitute conviction of a crime involving moral turpitude:

Arizona Revised Statutes, § 28-692: “Driving or in actual physical control while under the influence of intoxicating liquor or drugs; violation; classification; definition A. It is unlawful for any person to drive or be in actual physical control of any vehicle within this state under any of the following circumstances: 1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree. “

Though this is a particular state statute (Arizona), the language used is almost identical to that used by every other state. For this reason, the Board’s holding is equally valid in all other states.

Specifically, the Board held:

“We do not disagree with the Immigration Judge in this regard. Simple DUI is ordinarily a regulatory offense that involves no culpable mental state requirement, such as intent or knowledge. . . . We are aware of no case law specifically addressing the question whether simple DUI is a crime involving moral turpitude in the immigration context. The absence of such law suggests a long historical acceptance that a simple DUI offense does not inherently involve moral turpitude, and we are not persuaded to conclude otherwise. We find that the offense of driving under the influence under Arizona law does not, without more, reflect conduct that is necessarily morally reprehensible or that indicates such a level of depravity or baseness that it involves moral turpitude.”