Driving under the influence (DUI) is a serious offense that can lead to severe consequences, including fines, license suspension, and even jail time. However, for non-citizens, the stakes are even higher. If you find yourself in this situation, you may be wondering, can a DUI get you deported? A DUI conviction can potentially result in deportation, making it important to understand the immigration consequences of a DUI.
DUI and Deportation Laws
The consequences of a DUI conviction can be severe for anyone, but for non-citizens, the stakes are even higher. A DUI conviction can lead to deportation, making it essential to understand the complex laws governing DUI and immigration matters.
Under U.S. immigration law, certain criminal convictions can result in deportation, even for lawful permanent residents (green card holders). DUIs are among the offenses that can trigger deportation proceedings, as they are considered crimes of moral turpitude or aggravated felonies, depending on the circumstances.1
It’s important to note that you can be deported for a DUI, regardless of your first offense, a misdemeanor, or a felony charge.
The immigration consequences of a DUI conviction can be far-reaching and may include:
- Deportation
- Inadmissibility to the United States
- Denial of adjustment of status (green card application)
- Denial of naturalization (citizenship application)
The severity of the consequences depends on factors such as the nature of the DUI offense, the individual’s immigration status, and their criminal history. For example, suppose you’re charged with a DUI that’s considered an aggravated felony, such as a DUI causing injury or a DUI with a child in the vehicle. In that case, the chances of deportation are significantly higher.
How long after a DUI conviction can I face deportation?
Can I be deported for a DUI if I'm a green card holder?
What should I do if I'm a non-citizen and I'm charged with a DUI?
Can a DUI get you deportation?
The short answer is yes; a DUI conviction can lead to deportation for non-citizens, including green card holders1.
However, the likelihood of deportation depends on several factors, such as:
- The severity of the DUI offense (misdemeanor vs. felony)
- The individual’s criminal history
- The individual’s immigration status
- Aggravating factors (high blood alcohol content, accidents, injuries)
In general, a DUI conviction is more likely to result in deportation if it’s classified as an aggravated felony or a crime of moral turpitude under immigration law. Aggravated felonies are serious crimes that can include DUIs with aggravating factors, such as a DUI causing injury or a DUI with a child in the vehicle.
Crimes of moral turpitude, which can include multiple DUI convictions, are offenses that violate community standards of morality. If you’re deported for a DUI that’s considered a crime of moral turpitude, you may face a temporary bar to reentry.
Even if a DUI doesn’t result in immediate deportation, it can still have significant immigration consequences, such as making you ineligible for adjusting your status or naturalizing as a U.S. citizen2.
Quick Tip
Can a DUI conviction lead to deportation for non-citizens?
While a single, simple DUI may not always result in deportation, DUIs with aggravating factors such as injuries, repeat offenses, or drug involvement can significantly increase the risk of being deported for a DUI.
Legal Consequences of a DUI for Non-Citizens
Non-citizens arrested for a DUI face the same immediate legal consequences as citizens, such as arrest, fines, license suspension, and possible jail time.
However, they also face additional immigration-related consequences, including:
- Deportation proceedings.1
- Mandatory detention during deportation proceedings3.
- Ineligibility for certain immigration benefits.
- Denial of reentry to the United States.
The severity of these consequences depends on factors like the nature of the DUI offense, immigration status, and criminal history. Undocumented immigrants may face expedited removal proceedings.
Non-citizens facing DUI charges should seek experienced legal representation from an attorney knowledgeable in both criminal defense and immigration law to help protect their rights and minimize the impact on their immigration status. Effective legal interventions can potentially mitigate the consequences of a DUI.
Get Help for DUI at Cornerstone
At Cornerstone Healing Center in AZ, we offer personalized recovery programs, expert care, and a supportive community to guide you on your journey to sobriety.
Immigration Status and DUI Charges
- Green Card Holders: being charged with a DUI can put them at risk of deportation, mainly if the offense is classified as an aggravated felony or a crime of moral turpitude. Moreover, a DUI conviction can hinder the naturalization process, possibly leading to the denial of a U.S. citizenship application due to questions about the applicant’s moral character1.
- Temporary Visa Holders, such as students and workers, encounter unique challenges when faced with a DUI conviction. They may have their current visa revoked and experience difficulties when attempting to renew it or apply for a new one. Furthermore, reentering the United States after traveling abroad could be compromised, affecting their capacity to sustain employment, education, or family ties within the country.
- Undocumented Immigrants face even more severe repercussions. Being charged with a DUI can promptly initiate deportation proceedings, frequently without the possibility of bail. This may result in mandatory detention and impede future efforts to regularize their immigration status or reenter the United States.
Immigration Consequences of DUI
A DUI conviction can make a non-citizen inadmissible to the United States. This significantly affects their ability to enter the country, secure a visa, or change their existing visa status.
- Aggravated Felonies: Although a typical DUI may not be classified as an aggravated felony, any DUI connected to drug-related offenses can contribute to a finding of inadmissibility1.
- Crimes of Moral Turpitude: In some cases, a DUI may be viewed as a crime of moral turpitude, mainly when it involves reckless conduct or causes injury to others. This classification can have negative repercussions for visa applications and status adjustments4.
Deportation for DUI Conviction
Deportation Risk for DUI Offenders
- Aggravated DUI: If the DUI offense is classified as an aggravated felony, such as causing injury or death, the risk of deportation is significantly higher. If you’re convicted of a DUI that’s considered an aggravated felony, you can be deported for a DUI more easily.1
- Multiple DUI Convictions: Repeated DUI offenses can increase the likelihood of deportation, as they may be viewed as a pattern of criminal behavior. If you’ve been convicted of a DUI multiple times, the chances of being deported because of a DUI are higher.
- DUI with Drugs: A DUI involving drugs, even if it’s a first offense, can be considered a more serious crime and elevate the risk of deportation. The immigration consequences of a DUI with drugs can be severe10.
- Undocumented Immigrants: For those without legal status in the U.S., any DUI conviction can trigger deportation proceedings. If you’re an undocumented immigrant charged with a DUI, the risk of deportation is high.
Key Takeaways
- Key Takeaways
- Understanding the potential immigration consequences of a DUI and taking proactive steps to protect one's rights and future are essential for non-citizens
- The risk of deportation for a DUI depends on factors such as the severity of the offense, the individual's immigration status, and their criminal history
- The immigration consequences of a DUI can extend beyond deportation, affecting an individual's ability to obtain a visa, adjust their status, or naturalize as a U.S. citizen.
- Even a single DUI conviction can have serious immigration consequences for non-citizens, including green card holders and temporary visa holders.
DUI and Deportation Laws
A DUI conviction can lead to severe immigration consequences, including deportation, making it crucial to understand the legal framework and potential ramifications.
- Immigration and Nationality Act (INA): The INA sets the foundation for immigration law, specifying when certain crimes, including some DUIs, can lead to deportation. If you’re a non-citizen charged with a DUI, understanding the INA’s impact on your case is crucial to determining if you can be deported for a DUI1.
- Deportable Offenses: Not all DUIs automatically result in deportation, but certain factors increase the risk. Repeating offenses, drug involvement, or causing harm to others can elevate the likelihood of being deported because of a DUI. Non-citizens must understand these nuances when facing DUI charges.
- Recent Changes: Legal updates have clarified when a DUI might be considered a deportable offense. These changes highlight the importance of examining case specifics to determine the immigration consequences of a DUI conviction, as the consequences of a DUI can vary.11
- Landmark Cases: Court decisions have helped define when a DUI is a deportable act, especially when it involves intentional endangerment. Staying informed about these cases can help non-citizens understand their rights and options when charged with a DUI.
- Legal Representation: With high stakes involved, non-citizens charged with a DUI should seek experienced legal counsel. An attorney knowledgeable in criminal defense and immigration law can provide valuable guidance in navigating complex legal issues and mitigating the immigration consequences of a DUI conviction12.
With the interplay between DUI offenses and deportation laws, non-citizens can be better equipped to make informed decisions and protect their rights when faced with a DUI charge.
Our DUI Online Courses
For non-citizens facing DUI charges, seeking support and guidance is essential. Organizations like Cornerstone Healing Center offer online services that provide valuable education and tools for moving forward. These services are designed to empower individuals with knowledge and resources to make positive changes and navigate the legal system effectively, not to help them evade responsibility. By staying informed, seeking help when needed, and working towards rehabilitation and positive change, non-citizens facing DUI charges can take steps to protect their futures and build a better life for themselves and their families.
