Drink and Drive Case in India


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Hi,

 

My name is Max. I was caught for Drink and Drive in Mumbai, India in 2011. I don;t know the exact date when it happened. But it happened at night. I was taken to the police station and then I was asked to pay the fine and appear in court after a few days. I appeared in the Court and accepted that I was guilty and I was let go after that. So, I was never jailed or locked up.
In 2016 I went to the US embassy in Hyderabad for my H-1B Visa interview and I was asked whether I was ever jailed or arrested before. Even though I had answered in DS-160 form (at the time of filling the form I didn't remember about my Drink and Drive case which happened 5 years back) but I said Yes in the interview and explained the whole scenario why I did drink and drive on the day. After hearing my story and asking a few more questions related to my drinking habits (I am just a Social drinker) he approved my H-1B visa. Then I flew in 2018 to the US and since then I have been in US.
Now I have to travel back to India for stamping again but I am not sure what answer should I give to "Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?" question in DS-160 form. Should I select yes or no. Also, I don't have a police report and Court order for my drink and drive case from 2011. I tried to get these documents through some lawyer in India. That lawyer gave a written request to the court for these documents. But after a few days the admin/peon guy who manages these archived documents said they can't find it. So, the lawyer said he can get a written affidavit from the court saying that these documents are not searchable as they are too old case. And this affidavit can be submitted to the Visa officer during the interview.


I need your expertise here. What should I do?

 
Thanks
Max
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