DUI and Immigration: Understanding the Possible Consequences in Arizona
After a traffic stop results in a DUI charge, your next concern will be how this will affect your visa, green card and any applications you have submitted. Many noncitizens facing a DUI in Maricopa County will seek the advice of a DUI Defense Lawyer in Tempe.
While the criminal and immigration systems are separate, depending on the nature of the charge and the individual’s immigration status it can have a large impact.
What kinds of DUI charges does Arizona bring?
Arizona has a number of different types of DUI. A standard DUI, extreme DUI (0.15+ BAC), and super extreme DUI (0.20+ BAC) are generally all misdemeanor offenses. An aggravated DUI is however a felony offense. This can occur if there was a suspended/revoked/canceled/restricted license while driving, it is a third offense within 84 months, there was a passenger under the age of 15 in the vehicle or if you were required to have an ignition interlock device.
The nature of the charges can vary throughout the process. It is important to know what the final conviction will be as it can affect your immigration.
What factors affect how immigration authorities view a DUI?
There is not one specific factor that will affect this. Usually immigration officers and judges will take a holistic approach looking at the nature of the charge, level of charge, criminal history, current immigration status, outcome of the criminal case and if there is any application or review taking place.
The outcome for green card holders, visa holders and DACA holders can be very different. Your criminal history will also play a part, having a second/third DUI will be seen very differently.
How can a DUI affect immigration outcomes?
Generally a simple one off alcohol related DUI will not result in deportation. However there are a few factors to consider.
Aggravated DUI is the main concern here. Certain aggravated DUIs such as driving under the influence while knowingly having a suspended license may be seen as crimes of moral turpitude.
Having multiple DUIs will affect your ability to gain citizenship. Having two or more convictions can result in a presumption that you lack good moral character. This can cause issues when applying for naturalization.
DACA has stricter rules. Generally if you have a conviction for a DUI you will not qualify.
If your DUI involved a controlled substance, this can cause different issues.
If you have a pattern of alcohol related driving offenses immigration officers may question if you suffer from an alcohol use disorder with harmful behavior, which can affect admissibility. Even a first offense can be taken into consideration by the officer.
How does a DUI affect a pending immigration application?
If you have an application in progress then having a DUI charge/arrest/conviction can affect how your application is considered. How much it affects will depend on what type of application you have, your status and the nature of the offense.
Many applications will ask about any arrests, charges, pleas, convictions and diversion programs you have had. Be sure to read the questions carefully. Just because the charge was dismissed or your record was sealed/set aside does not mean you will not have to disclose it. Often immigration law will treat these differently than Arizona law.
Immigration officers may also look at when the incident occurred, what the final outcome was, any sentence/probation and your criminal history. If you have an application in progress then it is important to speak to an immigration attorney before answering any questions.
What should a noncitizen do after a DUI charge?
Remember that there are two systems in play. The criminal case will be dealt with through Arizona courts. Immigration issues will be dealt with under federal law and by federal agencies. The outcome of the criminal case can affect your immigration.
Obtain copies of everything. This includes the citation, court documents, letters and importantly the final disposition. You are likely to need these in the future and often certified copies of the final judgment will be required.
Speak to a criminal defense attorney and immigration attorney before pleading guilty. Pleading guilty to something that seems like a good deal in the criminal courts can cause issues in your immigration proceedings.
Key takeaways
- Arizona DUIs range from standard misdemeanors to felony aggravated DUI, and the exact conviction matters for immigration.
- A single simple DUI usually isn’t a deportable offense, but aggravated, repeat and drug-related DUIs can carry serious immigration consequences.
- A DUI generally disqualifies someone from DACA, and pending applications often require disclosing arrests and dismissed charges.
Protecting your case and your immigration status
As the outcome of your immigration can depend on what plea or conviction you receive it may be beneficial to speak to a DUI Defense Attorney in Tempe and an immigration attorney early on to keep your case safe.
Disclaimer: This article is provided for educational and informational purposes only and is not legal advice. Criminal and immigration laws and procedures can vary by case and under applicable Arizona and federal law, and they may change over time.
Andy is a content writer and editor at Lawsips.com, covering legal news, law and regulations, business, personal rights, and legal guides. He enjoys exploring important legal topics and presenting useful information in a simple and engaging way. Through informative articles and practical insights, Andy aims to make legal knowledge more accessible and help readers better understand the laws and regulations that affect their everyday lives.
