For non-citizens living in the United States, a DUI charge can raise serious questions not only about the legal consequences, but also about immigration status. Could one mistake put your future in the U.S. at risk?
At Just Criminal Law, we understand how high the stakes are when criminal and immigration issues intersect. In this blog, we break down when a DUI may lead to deportation and what you need to know to protect yourself.
Will a DUI Trigger Deportation?
If you are legally in the United States—such as with a green card or valid visa—and you are charged with a first-offense DUI, you generally will not face deportation.
However, there are important exceptions that can increase the risk of immigration consequences. Immigration judges evaluate the nature of the offense, your history, and any aggravating circumstances to determine whether a crime might justify removal from the country.
When a DUI Might Lead to Deportation
While a single DUI is unlikely to trigger removal proceedings, deportation becomes a possibility if:
- It’s a second or subsequent DUI
- Multiple DUI offenses may be classified as crimes involving moral turpitude—a legal term used in immigration court to describe offenses that violate accepted standards of morality.
- The DUI involved injury or death
- If someone is seriously injured or killed as a result of the DUI, this can raise the severity of the charge and may prompt immigration authorities to initiate deportation.
- You are undocumented or cannot prove your legal status
- If you do not have your immigration documents with you during a law enforcement encounter, or you are undocumented, you may be detained—even if your DUI wouldn’t otherwise lead to removal.
What Is a Crime Involving Moral Turpitude?
A crime involving moral turpitude is one that immigration authorities may consider to reflect poorly on a person’s character. These offenses typically involve elements of intent, recklessness, or serious harm to others.
Examples include:
- Repeat DUI offenses
- Crimes involving violence or threats
- Drug trafficking
- Crimes involving children
In some cases, even if a DUI on its own does not meet this threshold, the presence of injuries, prior convictions, or related charges could lead an immigration judge to classify the offense as a crime involving moral turpitude.
Always Carry Your Legal Documentation
If you are not a U.S. citizen, it’s important to always carry proof of your legal status, especially when operating a vehicle. Failing to do so—even during a routine traffic stop—can lead to detention by immigration officials.
Even if you are here legally, not having documentation on hand can complicate your situation and expose you to unnecessary legal risks.
Facing DUI Charges as a Non-Citizen? Protect Your Rights
If you’re facing a DUI and are not a U.S. citizen, the consequences go far beyond a court date. Your ability to remain in the country may be at risk—particularly if there are aggravating factors like a prior offense or serious harm involved.
At Just Criminal Law, we represent individuals charged with DUI and help them navigate the criminal justice system. While we do not currently handle immigration matters, we work closely with trusted professionals and can help you understand how your DUI charge may impact your immigration status.
Contact Just Criminal Law Today
We know you only get one shot at justice. Make yours count.
If you’ve been charged with DUI in eastern Wyoming or western South Dakota, contact Just Criminal Law to schedule a personalized case review and strategy session. Our team will help you understand your rights, protect your future, and move forward with confidence.