Can You Be Deported For DUI Charges: What Experts Have To Say

Can You Be Deported For DUI Charges: What Experts Have To Say

Nov 27, 2021, 5:48:47 AM Opinion

A DUI arrest can be emotionally taxing. Even if you are charged with your first DUI case, your license can be canceled, you will be fined up to $1000, and in the worst-case scenario, you can experience a six-month jail sentence.

 

Well, this is for the citizens of America. What if a non-citizen is charged with DUI charges?

 

- Will they be deported?

- Or, their immigration will be canceled?

 

We will find the answers together.

Can You Be Deported For DUI Charges?

“It depends!”

 

It depends on whether you are an illegal immigrant or have entered America legally. In case you are an illegal immigrant, a DUI arrest can immediately start the immigration proceeding - potentially being deported.


However, if you have entered America with a legal procedure, a single DUI charge will not result in deportation.

The rules that the immigrant follows are outlined by the Immigration and Nationality Act (INA). According to the INA, there are no such provisions that state that DUI charges can result in deportations.


Although INA does not have any provision, the decision is mostly left to the judges.

DUI charges are often linked with criminal charges when they are severe. If the judge finds that you can be a dangerous element on the road, they can deport you.

DUI’s & Immigration Status

As we have already said, DUI is sometimes related to criminal charges. The key determinant that allows INA to determine which DUI charges are criminal is the severity of DUI charges.

If INA finds out that there has been criminal intent in the DUI charges, it will be considered a criminal offense.

 

However, there are some complicating factors that can give your DUI charges a new turnover.

1. Drug DUIs

When we talk about DUI, we are not only talking about alcohol. In fact, it is an umbrella term used to encapsulate drugs and other illegal substances.

 

Although, DUI alone cannot force you to deport America until there is criminal intent. However, the involvement of Drugs is a different thing. That’s because INA specifically lists Drugs as criminal activity, which can result in deportation or denial of green card and visa.

 

We know the concept of whole DUI and deportation can be confusing, especially when drugs are involved. To better understand the laws related to this, seek guidance from Manji Law.

2. DUI With A Child In The Car

The court takes DUI charges even more seriously when there is a minor in the vehicle, as the driver is seen putting the minor’s life at risk. Depending on the situation, the court can see the DUI charges involving a minor as a criminal activity and give harsher punishment or double the penalty on the regular DUI charges.

3. Driving With A Suspended Licence

Unlike DUI charges, which are not considered criminal action until there is any murderous intent, driving your car with a canceled license is certainly breaking laws.

 

If you are driving your car without a license or canceled license, the law views it as a criminal act.

Are DUI Aggravated Felonies?

DUI convictions are not considered aggravated felonies. For a DUI to be an aggravated felony, the crime has to be defined as per INA.

 

The government of the USA has held the DUI conviction not a “Crime of Violence”. The only way a DUI charge can be considered a crime is if it constitutes at least one category of offense.

Seek Legal Assistance

Due to the risk involved with immigration due to DUI charges, it is important that you seek legal counsel. The legal assistance can help you apply for a carefully planned plea that will not put your immigration status in jeopardy.

 

However, if the conviction has already occurred, an immigration lawyer should be hired immediately.

Published by Arina Smith

Reply heres...

Login / Sign up for adding comments.