Yes I do disagree with him because the INA allows the USCiS to look at any period of time and it does not limit the examiner to 5 years.
However since DUI is not a major CIMT of no bodily injury is involved they don't press beyond the 5 yearrs. But bear in mind until your probation is completed your case is not closed because a violation can send you to jail if probation was an alternative to confinement.
GMT AND NATZ 8 CFR § 316.10
(2) In accordance with Section 101(f) of the Act, the Service shall evaluate claims of good moral character on a case-by-case basis taking into account the elements enumerated in this section and the standards of the average citizen in the community of residence. The Service is not limited to reviewing the applicant's conduct during the five years immediately preceding the filing of the application, but may take into consideration, as a basis for its determination, the applicant's conduct and acts at any time prior to that period, if the condu ct of the applicant during the statutory period does not reflect that there has been reform of character from an earlier period or if the earlier conduct and acts appear relevant to a determination of the applicant's present moral character.
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