H1B second visa stamping with dui

[sanilp]

I was arrested for dui in Apr 2015.  First court date is in a few days but I am worried about my upcoming H1B renewal stamping in Sep.  From what I understand, I can expect the VO to give a white 221g and refer to panel physician.

 

My question is about the 1 year rule: will the panel physician ask me to wait for a whole year ('remission period') for the tests i.e. only do the test in Apr 2016?  Or is it up to his discretion to waive?

 

Thank you

sanilp