Aggravated Felonies

(C)  DUI/DWI.  The United States Supreme Court has resolved a long standing split among the circuits and BIA, finding that driving under the influence of alcohol generally will not be considered a crime of violence under 18 U.S.C. § 16, since the state statutes rarely, if ever, require an element of the intentional use of force to convict, and driving while intoxicated does not involve a substantial risk that the driver will intentionally or recklessly use force in order to commit the offense.[201]  See § § 5.22, 5.30, supra.

[201] Leocal v. Ashcroft, 543 U.S. 1, 125 S.Ct. 377 (Nov. 9, 2004).