A conviction for a criminal offense can affect a person's immigration status in various ways. Specifically, a DUI charge can affect an immigration status depending on the facts surrounding the crime. It also depends on what other statutes may have been violated and any additional offenses recently perpetrated by the accused.
If you are an immigrant facing DUI charges, consider consulting skilled immigration and DUI defense lawyers. A knowledgeable lawyer can tell you whether your charges will impact your immigration status and advise you on your legal options.
DUI Effect On Immigration Status
Understanding how driving while intoxicated with drugs or alcohol can impact your immigration status begins with knowing your present immigration situation in the country. Generally, drunk driving is not deemed a removable crime, but there are various exceptions.
DUI Conviction and Green Card Application or Renewal
If you obtained a green card and are due to renew it, a first DUI conviction might not lead to removal or your application denial. However, a second conviction would increase your odds of deportation or removal.
A DUI conviction can affect your application if you seek to obtain lawful permanent resident (LPR) status as a United States citizen or a green card. Nevertheless, if your conviction is for a first-offense DUI, it might not lead to a change to or automatic denial of your present application.
DUI Convictions and Undocumented Aliens
If you are not a documented immigrant and have no legal right to be in the U.S., you can face deportation if found guilty of DUI. Or it can lead to a point on your criminal record that the authorities will disclose later when you file your immigration application.
In this case, you do not face deportation because the police arrested you for DUI. Rather, your drunk-driving arrest puts you on the U.S. ICE (Immigration and Customs Enforcement) radar. After ICE locates and identifies you as an undocumented alien, deportation proceedings will start.
DUI Conviction and Naturalization
As an LPR, you may want to become a United States citizen by naturalization to avoid problems like deportation or inadmissibility.
If you seek or have acquired naturalization status, a drunk-driving conviction will not lead to you being disqualified for the status or losing it (if you obtained it already). An exception in this case is when the DUI conviction occurred before applying for citizenship, and you lied about it on your application. It would not be the drunk- or drugged-driving conviction that makes you lose your status, but the fact that you lied.
Having your conviction expunged might raise your odds of not being denaturalized. However, it does not guarantee this outcome. You want to work with an experienced attorney to have the best odds of not being denaturalized. A lawyer can work to remove the DUI conviction from your permanent criminal record that may prevent you from lawfully residing in the United States.
Similarly, obtaining naturalization status requires proving you have good moral character. Per the United States Citizen and Immigration Services (USCIS), anybody seeking to be a United States citizen must demonstrate:
- They possess good moral character,
- Have had a good moral character for a minimum of the past five years before filing for citizenship application and
- Maintain good moral character until they give their oath of allegiance to the U.S.
Proving good moral character will be more challenging if you have a DUI conviction. With help from your attorney, you may address this problem by proving all your community achievements. For example, you may show you are an exemplary family member and employee. You may also prove you have been volunteering in community work.
Nonetheless, your ideal shot at having immigration approve your naturalization application might be to postpone applying until you have built a clean criminal record, ideally five years from the conviction date. You also want to deal with all the underlying problems, like alcohol and drug addiction. You can do so by, for example, enrolling in treatment. Ensure you adhere to any terms of restitution, probation, or other court-ordered programs.
DUI Conviction Versus Arrest
A key aspect of immigration status and a DUI is whether the DUI resulted in a conviction or arrest. A DUI arrest alone does not suffice to prompt an assessment of your immigration status and moral character. Contrarily, a drunk- or drugged-driving conviction would affect your U.S. immigration status.
A DUI arrest does not automatically mean you are responsible for perpetrating a DUI offense. It merely means that the authorities have suspected you of committing an offense. If the police arrest you for DUI, consider calling a lawyer. An attorney can assist you in answering all your questions. They can also ensure your legal rights stay protected.
An arrest for DUI means the authorities had probable cause to suspect you had been driving while intoxicated. However, you can contest the prosecution’s evidence and argue legal defenses. This may lead the prosecution to reduce or drop the intoxicated driving charges.
A conviction for DUI shows you drove while intoxicated with narcotics or alcohol. Apart from possible immigration consequences, you will face incarceration and fines. You will also be subject to a driver’s license suspension.
Leaving the United States with a DUI Conviction on Record
Even if you are not removable, leaving the United States could create new issues for you. Distinct inadmissibility laws prevent an individual’s reentry to the United States if they seek a green card or United States visa or already possess a green card after they have:
- Left the U.S. with a criminal offense on record,
- Perpetrated an offense outside of the United States, or
- Spent over six months outside of the U.S.
That means you may be subject to a hearing if you travel outside the United States and try to return. During the hearing, you will argue whether the authorities should seize your green card because you have become inadmissible. Immigration and Nationality Act (INA) Section 212 lists reasons for a person to face inadmissibility. The possible relevant reasons for inadmissibility include:
- Having perpetrated an offense involving a regulated substance or
- Having admitted to a narcotics violation without having been convicted
- An alcohol or drug addiction (which may trigger inadmissibility on medical grounds)
- Convictions of two or multiple offenses with a term of not less than five years
- A conviction of one or multiple crimes involving moral turpitude (CMT). CMTs are intentional crimes that are vile or contrary to social norms.
A single intoxicated driving conviction without aggravating circumstances does not usually fall under any of the above categories. However, DUIs with aggravating facts can be enough to satisfy one or several of the grounds mentioned above. In that case, a person would be inadmissible to the U.S. after leaving. For example, a DUI with aggravating circumstances is a crime that involves moral turpitude. Some aggravating factors surrounding DUI charges include the following:
DUI with a Minor in the Vehicle
Courts treat intoxicated driving cases even more harshly when they involve a minor. That is if you drove while drunk or high with a child passenger in the auto. That is because the court would deem you as endangering the child. However, the prosecution can tackle this situation in two ways. It can merely seek increased or harsher consequences for the DUI charges. Or, it can accuse you of child endangerment alongside DUI.
Per 273a PC, child endangerment entails criminal intention. Consequently, it can impact your immigration status and even result in removal. A skilled DUI defense attorney can have these charges dismissed. This will help safeguard you from removal and other unwanted repercussions.
DUI On a Revoked or Suspended Driver's License
Many DUI charges have no presumed criminal intention. On the other hand, a DUI on a suspended or revoked license is a crime perpetrated with criminal intention. Put otherwise, you know you are about to violate the law when you reach for the car keys to drive.
Thus, a conviction for DUI on a revoked or suspended license affects your immigration status. It is the charge, and not the intoxicated driving itself, that may result in removal. This is the case whether your license was revoked or suspended for a past DUI charge or another reason.
Driving Under The Influence of Drugs
A misdemeanor DUI of alcohol usually does not have immigration repercussions. On the other hand, a DUID is not that simple. According to U.S. immigration statute, you are inadmissible and deportable if found guilty of drug offenses. According to the law, a DUI of drugs usually entails an illicit substance. In that case, a DUID conviction can result in your facing deportation action.
Nevertheless, federal and California drug statutes define controlled substances differently. Technically, this means if guilty under California controlled substance statutes, you cannot face deportation. That is true even when the drug appears on the national list of controlled substances. A drug conviction under federal laws is different.
However, you might still need to challenge the problem before an immigration judge. Thus, you may fight a DUID charge under the criminal justice system and risk facing a guilty verdict. Or, you may plead guilty to lesser charges with lenient immigration penalties. Lawyers advise immigrant clients to choose the latter.
Multiple Convictions of DUI
If you are a repeat DUI offender, you might face inadmissibility to the country. This is true even if the courts have found you guilty of only ordinary DUI offenses. It is all based on the total incarceration time you have served for all offenses you perpetrated. As mentioned above, you face inadmissibility when:
- You have faced conviction for any two or more offenses (including single or multiple DUI offenses)
- The total jail time for all offenses exceeds or equals five years.
The cumulative five-year jail time for several convictions will especially impact you if found criminally liable for felony DUI, depending on past convictions. That is because a conviction of a fourth drunk-driving offense within ten years is a felony carrying up to three years in custody. When added with the sentences for past DUI convictions, that may push you beyond the five-year limit.
DUI Murder (Watson Murder)
You can face Watson murder charges when you operate a vehicle while drugged or drunk or act with implied malice (malice aforethought). You act with malice aforethought when you:
- You deliberately do something (in this case, operate a vehicle while intoxicated)
- The probable and natural repercussions of that act is dangerous to people's lives.
- When you act, you are aware the action is dangerous to people's lives and
- You intentionally act with knowing disregard for people's lives
Murder is both a crime of moral turpitude and an aggravated felony. Thus, if convicted, you will face both inadmissibility and deportation.
Should You Report a DUI Arrest to Immigration?
You want to report your intoxicated driving crime to the USCIS. If you fail to do so while seeking citizenship, the USCIS can denaturalize you for acquiring your citizenship through fraudulent means. The repercussions for failing to disclose your intoxicated driving are more serious than having a DUI and disclosing it.
We encourage people to disclose their entire criminal record on their immigration applications. This shows 100% honesty. You must disclose any information that may disqualify you from the LPR status. You must disclose anything specifically asked. The application asks whether you have faced charges, a citation, or an arrest. You also must disclose if you expunged your conviction record.
Find an Experienced California Immigration Attorney Near Me
Each case is unique. That said, the facts surrounding your DUI conviction or arrest play a critical role in establishing your immigration status. Understanding how your DUI can affect you as an immigrant is critical so you can try and avoid arrest. If you are already under arrest and are facing a conviction, consider consulting a skilled DUI defense attorney and immigration lawyer.
At California Immigration Attorney, we defend the rights of immigrants across California facing immigration consequences for a criminal conviction. If convicted of DUI, we will help you navigate deportation proceedings and ensure you obtain the best possible outcome. Our attorneys have decades of experience dealing with immigration cases. They know what to expect in courts and the Department of Homeland Security. Call us at 424-789-8809 for a consultation.