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Detroit Legal Blog
 

Can I Be Deported for a DUI?

Feb 26, 2018, by Maurice Davis in Drug Crimes, Legal Blog

Facing a DUI charge can be extremely stressful. Upon conviction, you may become subject to heavy fines, jail time, and other requirements such as a mandatory vehicle installation of an ignition interlock device. You could even lose your driver’s license for a period of time. If you happen to be an immigrant living in the United States and are arrested for DUI, the potential consequences can be even more severe. To learn more about getting deported for a DUI, continue reading below.

If a drunk driving charge is threatening your future, our experienced legal team at Davis Law Group can help. We will vigorously fight on your behalf and help you build a strong defense.

Call a Detroit DUI lawyer today at (313) 818-3238 to set up a free initial consultation.

Issues Involving DUI and Immigration Status

If you have received a DUI, immigration authorities that conduct checks on the status of current immigrants will likely discover your charge. It will be reflected as a negative point on your record, and it could be placed before a judge in immigration court and serve as grounds for a revocation of your green card status. Therefore, you could eventually be deported for a DUI.

The Immigration and Nationality Act (INA) designates specific crimes that may precipitate the deportation of a legal immigrant. Any of the following crimes that are committed in conjunction with a DUI could trigger eventual deportation:

  • Conviction of a crime of moral turpitude within five years of admission into the United States or within 10 years of receiving legal permanent resident status
  • More than one criminal conviction of crimes involving moral turpitude
  • Conviction of a crime involving controlled substances
  • Conviction on an aggravated felony charge

The circumstances of your case will determine if your DUI falls into one of these categories. A DUI by itself is not considered a crime of moral turpitude under the law. The immigration judge in your case will decide if ordering you to be deported for a DUI is applicable under these guidelines.

VISA Holders

If you have an up-to-date visa in the United States and you are arrested for DUI, you run the risk of having your visa revoked, even without a conviction. The U.S. State Department has given consular officers guidance that when a DUI arrest is discovered, the individual’s visa should be immediately revoked.

However, this does not mean you will be immediately deported after a DUI arrest. Your visa will remain valid until it expires as long as you remain in the United States. However, if you receive a revocation, any currently held visa you have will not be acceptable for future travel. If you do need to travel outside the country, you will be required to reapply for a new visa before you are permitted back into the United States. It’s important to also keep in mind that a DUI conviction can serve as grounds to refuse your reentry.

Call a Skilled Detroit DUI Attorney Right Away

At Davis Law Group, our attorneys have the knowledge and experience to create a strong defense on your behalf. Contact a Detroit DUI attorney right away to discuss your legal rights and options. We will fight for your rights. Contact us today at (313) 818-3238 to set up a free consultation.