A DUI can have a negative impact on your immigration status.
In today’s political climate, the topic of immigration — both legal and illegal — is a hot one. Immigrants who are here on visas, green cards and without proper documentation are all on edge, as we wait to see how the new administration’s executive orders on immigration will be carried out by the Department of Homeland Security and the United States Customs and Immigration Services.
One particularly thorny issue is what happens when immigrants to the United States commit crimes — including driving under the influence of alcohol or drugs. Although a DUI may seem like a relatively minor offense in the scheme of things, it is a crime — and if you are not a citizen, then you can be deported as a result. This is true whether you are here legally with a visa or as a permanent resident (with a green card) or illegally. That is why it is so important to contact a DUI lawyer in Irvine, CA as soon as possible if you have been charged with a DUI and you are not a citizen.
California law makes it a crime to drive under the influence of drugs or alcohol. This includes all types of drugs, such as prescription medication, over the counter drugs and illegal street drugs. In most cases, DUI cases are charged as misdemeanor offenses. However, there are situations where the prosecution may choose to charge a DUI as a felony offense, such as when it leads to property damage, injury or death to another person, or when certain other aggravating factors are present. If a DUI is charged as a felony and a person is convicted of a felony DUI, then that increases the likelihood that he or she will be deported.
If you are convicted of a crime as an immigrant in the United States, an immigration judge will determine whether the crime is one that requires you to be deported. This will depend on the facts of the case, and whether the crime falls into broad categories of “deportable” crimes, such as: crimes related to fraud, crimes of moral turpitude, violent crimes, domestic violence, aggravated felonies, and any drug-related crime. Importantly, a DUI of drugs is considered to be a drug-related offense, so in theory, being convicted of a DUI of drugs for taking legal medication — such as something that your doctor prescribed for you or even an over-the-counter medication — could lead to deportation. Ultimately, if your DUI is considered to be a deportable crime, then you could be removed from the United States and prohibited from re-entering for a set period of time (usually a number of years). If you have a family or have otherwise established a life in the United States, this will be particularly challenging consequence of a DUI conviction. Even if you are not deported, having a DUI conviction can impact your ability to become a U.S. citizen through the naturalization process, as your criminal record will be taken into account.
The smart choice is to never drink and drive or to drive under the influence of drugs. However, if you are arrested for a DUI, you will need a skilled DUI lawyer. In Irvine, CA, contact the Chambers Law Firm at 714-760-4088 or dchambers@clfca.com. We will aggressively defend you against all DUI and related charges to protect your rights and freedom — and potentially your ability to remain in the United States. We offer free initial consultations to all potential clients — don’t hesitate to call!
