Driving under the influence (DUI) is a serious offense in the United States. For immigrants, a DUI can have severe consequences beyond fines and jail time. The question many immigrants ask is, “Can you get deported for DUI?”
The risk of deportation isn’t automatic and varies depending on the specifics of your case. In this blog, our experienced deportation attorney will explore the circumstances under which a DUI might lead to deportation.
Are you facing the possibility of deportation because of a DUI? At Rivas & Associates, we stand by your side, offering compassionate and knowledgeable guidance tailored to your unique situation. We understand the complexities of both immigration and criminal law, and we are committed to defending your rights. Contact us today at (918) 505-4870 to discuss your case and learn how we can help you protect your American dream.
Understanding DUI and Deportation
In the United States, the laws surrounding DUI offenses vary from state to state, but all states treat it as a criminal offense. For immigrants, a criminal conviction can lead to serious immigration consequences. While not every DUI will lead to deportation or removal, certain situations can put you at risk.
How a DUI Can Affect Different Types of Immigration Statuses
The impact of a DUI can differ significantly based on the type of visa or residency an individual holds. Understanding these distinctions is crucial for assessing potential risks and consequences associated with a DUI charge.
Visa Holders
If you are in the U.S. on a temporary visa, like a student visa, work visa, or tourist visa, getting a DUI can be very serious. One DUI might not mean you get deported immediately, but it can cause problems when you try to renew your visa or change your visa status. If you have more than one DUI, or if your DUI involved drugs or caused harm, you might be facing deportation proceedings.
Green Card Holders
People with a green card, which means they have permanent resident status, also need to be careful about DUIs. One DUI might not trigger deportation, but if you have multiple DUIs or if your DUI was very serious (someone got hurt or died), you could face big legal problems. A DUI can also make it harder to become a U.S. citizen because you need to show good behavior to get United States citizenship.
Undocumented Immigrants
For undocumented immigrants, getting a DUI can be very risky. Any contact with the police, including a DUI arrest, can lead to being detained and possibly deported. Even if you are acquitted, just being arrested for a DUI can start the process of deportation.
If you’re facing a DUI charge, understanding how it could impact your immigration status is critical. Experienced deportation defense attorneys can provide the guidance and defense you need to protect your status and secure your place in the U.S.
When Can a DUI Lead to Deportation?
Here are some scenarios where a DUI conviction could potentially lead to deportation:
Aggravated DUI
If authorities classify your DUI as “aggravated,” they may consider it a more serious crime. They might do this if:
- You were driving with a high blood alcohol concentration (BAC).
- You caused an accident that resulted in injury or death.
- You were driving with a suspended or revoked license.
- There were children in the car at the time of the offense.
An aggravated felony increases the likelihood of removal proceedings than a simple DUI.
Multiple DUI Offenses
Repeated DUI offenses can show a pattern of criminal behavior. Multiple DUI offenses might lead an immigration judge to consider you a threat to public safety and can increase the risk of being placed in deportation proceedings.
DUI with Other Criminal Charges
If you have a DUI charge combined with other criminal convictions, such as possession of a controlled substance, resisting arrest, or assault, the combination of offenses increases the likelihood of deportation.
DUI and Moral Turpitude
Certain DUI cases may be classified as crimes involving moral turpitude, especially if they involve reckless behavior that endangers others. Crimes involving moral turpitude can make you deportable, particularly if they occur within five years of your admission to the U.S. or if you have two or more such convictions.
Undocumented Immigrants
If you are in the U.S. without legal status and facing an arrest for a DUI, this can alert immigration authorities to your presence. Once in the system, you may face deportation regardless of the outcome of your DUI case.
What Can You Do to Avoid Deportation?
Facing a DUI charge can be incredibly stressful, especially when your immigration status is on the line. However, there are steps you can take to protect yourself and minimize the risk of deportation. By understanding your rights and taking proactive measures, you can better navigate this challenging situation. Here’s what you can do:
- Don’t Drive Under the Influence: The best way to avoid the risk of deportation is to avoid getting a DUI in the first place. Always have a designated driver or use rideshare services if you’ve been drinking.
- Understand Your Rights: If you’re pulled over, remember that you have rights. You can decline to answer certain questions or consent to a search without a warrant. However, you should remain polite and cooperative.
- Seek Legal Representation Immediately: If you are arrested for DUI, contact an immigration lawyer in Tulsa, OK, as soon as possible. Your attorney can work to minimize the impact of the charges on your immigration status.
- Follow Legal Advice: Once you have an immigration attorney, follow their advice closely. This may include attending all court dates, complying with any court-ordered programs, and avoiding any further legal trouble.
Facing DUI Charges and Concerned About Getting Deported?
Don’t let a DUI charge jeopardize your American Dream. We understand the fear and uncertainty that comes with the threat of deportation or removal for DUI charges. If you’re facing DUI charges and are concerned about deportation, it’s crucial to seek a “deportation defense attorney near me.”
Our experienced deportation defense lawyers have successfully handled numerous cases just like yours, guiding clients through the complexities of both DUI charges and immigration law. We offer compassionate and knowledgeable representation tailored to protect your rights and your future. If you or a loved one is facing DUI charges, don’t wait until it’s too late—contact (918) 505-4870 to schedule a consultation or fill out our secure contact form.
At Rivas & Associates, you will never face the system alone.
Copyright © 2024. Rivas & Associates. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
Rivas & Associates
2930 S Yale Ave
Tulsa, OK 74114
(918) 505-4870
https://www.rivasassociates.com/