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Can a DUI lead to an immigrant’s removal from the country?

On Behalf of | Sep 26, 2024 | Immigration Law

There are many different ways for immigrants to break the law and put their status at risk. Some types of illegal behavior are more serious issues than others. Most traffic violations, for example, do not carry any kind of immigration penalties. That may include impaired driving charges in some cases.

Many times, driving under the influence (DUI) charges do not involve harm to other people but rather a technical violation of the law. A driver encounters police officers when their blood alcohol concentration (BAC) is over the legal limit.

Motorists do not have to cause crashes or injure others to be at risk of a DUI charge. Immigrants who have visas or even green cards may sometimes worry that a criminal offense could endanger their ability to remain in the United States.

Is an impaired driving offense a crime that might carry immigration consequences?

Some DUI offenses could affect immigrants

The circumstances leading to a driver’s arrest and their prior record both influence the severity of a DUI offense. In some cases, immigrants facing a first DUI charge have little reason to worry about removal or deportation. Other times, a DUI might be grounds to remove them from the country or refuse to renew a visa or green card.

Motorists who already have a prior DUI offense on their record may be at elevated risk when compared with those who have no criminal history at the time of their arrest. Two or more DUI convictions within the statutory period can be grounds to remove an immigrant or refuse to renew their documentation.

The rules related to DUI offenses and immigration could potentially change in the near future, as federal lawmakers have introduced legislation that could increase the impact an impaired driving conviction has on a lawful immigrant. The bill, called the Protect Our Communities from DUIs Act, has passed the House already. It could change federal policies, which currently do not consider single misdemeanor DUI offenses in most cases when renewing visas or adjusting the status of an immigrant residing in the United States.

Defending against DUI charges and other criminal allegations may be the best option available for an immigrant who wants to remain in the United States. Immigrants who understand when charges could put their status at risk can respond appropriately.