In this case the BIA held that the offense of driving under the influence (DUI) in Massachusetts is not a "crime of violence" under INA 101(a)(43)(F), and therefore does not subject an alien to removal under INA 237(a)(2)(A)(iii). [23 I&N Dec. 336 (BIA March 4, 2002) Interim Decision #3468]

The BIA stated that "We will follow the law of the circuit in those circuits that have addressed the question whether driving under the influence is a crime of violence. In those circuits that have not yet ruled on the issue, we will require that the elements of the offense reflect that there is a substantial risk that the perpetrator may resort to the use of force to carry out the crime before the offense is deemed to qualify as a crime of violence under § 16(b). Moreover, we will require that an offense be committed at least recklessly to meet this requirement." AMDOC#: 200205020