If you’ve immigrated to the U.S. and have been charged with an impaired driving offense, you might be wondering how a DUI affects immigration status. The answer depends on several different factors. If you are an undocumented immigrant, a DUI arrest can immediately lead to immigration proceedings and potential deportation.
If you are in the U.S. legally, a single DUI conviction probably won’t result in deportation. That said, there are factors that could change this. A Los Angeles DUI lawyer can review your unique case, determine if the DUI will impact your immigration status, and offer the guidance you need to address the situation properly.
How a DUI Could Affect Your Immigration Status
The rules for deporting immigrants based on crimes come largely from the Immigration & Nationality Act (INA), which does not list DUI as a deportable crime. It also does not list DUI as a reason to deny an immigrant their green card. In addition, a DUI won’t cause issues with your immigration application.
However, DUI is a charge that is often combined with other criminal charges. If that happens to you, a DUI conviction could affect your immigration status and even potentially result in deportation. However,
Crimes That Affect Immigration Status
The key determinant that the INA uses to determine which crimes affect immigration status is whether a crime involves criminal intent. According to the law, a crime involves criminal intent if the perpetrator demonstrates a high level of dishonesty, immorality, or behavior that violates the accepted standards of the community.
DUIs are not commonly interpreted as involving criminal intent. Thus, even if you plead guilty or no contest to a DUI charge or you’re convicted, the charge probably won’t lead to any action involving your immigration status. That means you will not be deported, nor will your permanent resident status or citizenship be denied.
This is true even if your DUI accident injured someone or led to a death. DUI manslaughter is a serious charge, but no one drinks and drives with the intention of killing someone. As a result, no criminal intent is presumed in such cases.
Factors in a DUI Incident That Can Affect Your Immigration Status
In some cases, there may be factors at play that cause a DUI to affect immigration status. Familiarizing yourself with these elements can help you determine if your charges have the potential to impact your immigration status. These factors include, but aren’t limited to, the following:
Drug DUI’s
In California, DUI penalties are the same whether the intoxicant is alcohol, a legal drug, or an illegal substance. That said, a DUI involving illegal drugs does change things for your immigration status.
That’s because the INA specifically lists drug crimes as grounds for deportation or denial of a green card. The use of any controlled substance that’s banned by federal law could endanger your immigration status.
Driving on a Suspended License
Unlike most DUI cases, where no criminal intent is presumed, driving with a revoked or suspended license is considered an offense committed with criminal intent. In other words, you know you’re breaking the law as soon as you reach for your car keys. Therefore, the charge of driving on a suspended license can lead to unwanted action regarding your immigration status.
It is that charge, not the DUI itself, that could lead to deportation. This is true whether your license was suspended for a prior DUI or any other reason.
DUI With a Child in the Car
Courts take DUI’s even more seriously when there is a minor in the vehicle, as the driver is seen as putting that minor at risk. However, there are two ways prosecutors can handle this situation. They can simply seek enhanced, or harsher, penalties on the DUI charge, or they can charge the driver with Child Endangerment in addition to DUI.
According to Penal Code § 273a, Child Endangerment involves criminal intent. As a result, it can affect your immigration status and even lead to deportation. A good Los Angeles DUI lawyer will work to get this charge dropped, protecting you from deportation and other unwanted consequences.
How a DUI Can Impact Your DACA Application
In 2012, President Obama announced a new Deferred Action for Childhood Arrivals (DACA) policy. This policy is designed to help young undocumented immigrants who arrive in the U.S. before the age of 16. Rather than seeking to deport them, it creates a “deferred” status, allowing these immigrants to go to school, get a driver’s license, and work toward eventual citizenship.
Note that this policy is not a law but an enforcement recommendation. Thus, the way it is applied is very uneven. Two young immigrants with the same record could get very different results when applying for deferred status. However, all DACA applicants must show that they are of “good moral character,” which includes a criminal background check.
In many cases, a DUI will cause your application for deferred status to be rejected. Fortunately, a skilled attorney can help you get your DUI expunged before you apply. Having your DUI expunged isn’t a guarantee that your DACA application will be accepted, but it will greatly increase the chances of a positive outcome.
How a DUI Can Affect Your Naturalization and Citizenship
The process of becoming a U.S. citizen is called naturalization. Similar to the eligibility requirements for DACA , the requirements for naturalization include being of “good moral character.” If you have a DUI on your record, you could have problems during the naturalization process.
Having your DUI expunged may increase your chances of being approved for citizenship, but it doesn’t guarantee that outcome. To give yourself the best chance possible at achieving legal status, you’ll want to work with a skilled lawyer. An attorney can work hard to remove any convictions from your permanent record that could stop you from legally living in the U.S.
Steps a Lawyer Can Take to Fight Your DUI Charges
While it’s not guaranteed that a DUI will affect your immigration status, it’s best to avoid being convicted of an impaired driving offense in the first place. To avoid a conviction, you’ll want to hire a trusted lawyer who has experience handling similar cases.
The right lawyer for your case will be able to take the following actions on your behalf:
- Investigate the DUI incident and gather evidence to build a defense case
- Challenge the arresting officer’s conduct, field sobriety test results, and blood test results
- Determine if your rights were violated during the traffic stop
- Collect eye-witness testimony and other important records
- Work with prosecutors to negotiate a plea bargain
- Represent you in court
- Present compelling evidence and legal arguments to the judge and jury
- Fight to get your charges dropped or reduced to a less serious offense
- Offer understandable legal advice throughout the process
Whether you’ve been charged with or convicted of a DUI, an attorney can work hard to ensure the DUI does not affect your immigration status. No matter how serious the incident was, a committed lawyer will do everything in their power to protect you.
Learn More About How a DUI Can Affect Your Immigration Status
Getting a DUI can be a stressful experience, especially if you’ve recently immigrated to the country. Fortunately, you don’t have to let one mistake impact where you live for the rest of your life. Instead, you can hire an attorney and get the advocacy you need to protect your immigration status.
Contact us today to learn more about your rights after a DUI and the legal process required to get a conviction expunged. A Los Angeles DUI lawyer can offer more effective legal counsel and more information on how a DUI can affect your immigration status. We look forward to hearing from you soon.
