A drunk driving charge is a stressful situation for anyone. The stakes are particularly high if you’re an immigrant to the United States. In addition to worrying about the possible loss of your driver’s license, fines, and jail time, you are likely concerned about your immigration status. Will you get deported if you’re arrested for a DUI?
The level of danger depends on the circumstances surrounding your arrest
You run the risk of deportation anytime you’re charged with a crime. It doesn’t matter how minor the infraction is. That said, you are unlikely to face removal if you are only facing a DUI charge and you have no criminal history.
Other factors can increase your odds of deportation, especially if those factors lead to felony charges. You should be particularly concerned if:
- You had children in your vehicle
- You have previous DUI convictions on your record
- You were charged with DUI after causing an accident
- You were involved in an accident that led to serious injuries or a loss of life
- Your blood alcohol concentration (BAC) was measured significantly over the legal limit
- You did not have a driver’s license, or you were driving on a suspended license
- These types of aggravating factors make it more likely that you will face the risk of removal after you’ve completed the terms of any criminal proceedings.
Deportation defense options are available
A drunk driving charge is unlikely to result in your automatic deportation. However, there are no guarantees. The good news is deportation defense options are available. You should always take the time to discuss your case with a skilled legal professional.