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Can you get deported for a DUI?

On Behalf of | Apr 6, 2022 | Deportation Defense

You know that criminal activity can sometimes lead to deportation. When you get pulled over for a DUI, you are worried about the fines you’ll have to pay and losing your license, but your immigration status is more concerning to you. Is this going to be enough to trigger a deportation?

It’s important to ask questions like these because you need to carefully consider the ramifications of all actions. As an immigrant, these ramifications could be far more strict because your status within the country hangs in the balance. That said, not all criminal activity leads to deportation.

A DUI is generally not enough

Most of the time, people are only deported for more serious crimes, such as crimes of moral turpitude. Felonies can also trigger a deportation. So, as a general rule, a DUI is not going to be enough for this to occur. You will still lose your license and have to pay fines, but you should be allowed to remain in the United States.

There are some exceptions to this rule. In some cases, there are other aggravating factors that could turn your DUI into a felony. This is when you begin to run the risk of deportation being used. Some reasons that this could happen include:

  1. You caused a car accident that led to the serious injury or death of another.
  2. You already had a DUI on your license or you had a suspended or revoked license.
  3. You had children in the car with you at the time that the incident took place.
  4. Your blood alcohol concentration was extremely high, far over the legal limit of 0.08%.

You could also face felony charges if any other crimes happened at the same time. For instance, if you originally tried to evade the police to escape the traffic stop and you were then caught, you’re going to face additional charges beyond just that initial DUI.

If you are worried about being deported or if this process has already begun, it’s very important for you to understand all of the legal options at your disposal. This can be a complicated and stressful time, but you do have options under U.S. law.