In some situations, a DUI conviction may result in severe immigration consequences. including deportation and inadmissibility.
America is a melting pot — and perhaps no state highlights our nation’s diversity as well as California. But if you are in Los Angeles County as an immigrant, you may face serious consequences if you are convicted of driving under the influence.
DUI is a serious crime in California, and it can have a major impact on your immigration status — possibly even resulting in deportation or preventing you from gaining citizenship. If you’ve been arrested for a DUI, you will need a top-notch Los Angeles County DUI attorney to represent you and decrease the chances that a DUI will result in you being forced to leave the country.
Deportable Crimes
The United States Customs and Immigration Service considers certain crimes to be the basis for deportation, or alternatively, to be an inadmissible crime that would prevent you from entering the United States. Deportation means that a non-citizen will be removed from the country. Inadmissibility means that a non-citizen may not be able to (1) come back to the U.S. after leaving, (2) apply for permanent residency, (3) become a U.S. citizen or (4) adjust your immigration status (from illegal to legal).
There are many different types of crime that can lead to deportation or inadmissibility, such as drug offenses, aggravated felony crimes (such as murder, rape or theft), crimes of moral turpitude (which could be almost any crime that “shocks the conscience,” such as child abuse or kidnapping) or multiple crimes with a total potential sentence of 5 years or more. In the context of DUIs, if you are convicted of a DUI while driving on a suspended license, a DUI involving child endangerment, multiple DUIs or DUI of drugs, you could be deported. That is why it is so critical for anyone without citizenship to contact a skilled DUI defense lawyer as soon as possible after being arrested for a DUI in California.
DUIs and Immigration
For most DUI offenses, deportation or inadmissibility is not a likely outcome. DUIs are not considered to be crimes of moral turpitude by U.S. courts, and most DUIs are not aggravated felonies. However, in certain situations, a DUI can result in an adverse immigration action. This is the case whenever aggravating factors are present, such as driving drunk on a suspended license or driving under the influence with a child in the car. Driving while under the influence of drugs is considered a drug offense — and therefore it is a deportable or inadmissible crime. If you have been convicted of multiple DUIs and the combined sentences add up to five years or more, this could also lead to immigration issues.
Having a DUI may also impact your ability to become a naturalized U.S. citizen. To obtain citizenship, you must show that you have good moral character. A DUI conviction could possibly result in a finding that you lack good moral character. While it’s unlikely that a single DUI offense on your record would prevent you from becoming a citizen, it is still possible — and is something that should be considered when deciding how to handle a DUI charge.
If you are not a United States citizen, a DUI conviction can have life-changing consequences. Whether you’re here on a visa, a green card or without proper documentation, a conviction for driving under the influence could result in you being deported or being unable to re-enter the United States if you leave the country. This is why it is so critical that you hire a seasoned Los Angeles County DUI attorney to defend you on DUI charges. A skilled DUI defense lawyer can formulate a plan based on the facts of your case that will reduce the likelihood that you will face adverse immigration consequences. If you are not a citizen and have been arrested for a DUI, contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation and learn how we can help you if you’ve been charged with a DUI.
