Thousands of drivers in Colorado get arrested each year based on allegations of drunk driving. Driving under the influence (DUI) offenses can lead to numerous different penalties. Motorists often lose their driver’s licenses after a guilty plea or conviction for a DUI offense. In some cases, the courts may decide to incarcerate a driver over a DUI offense and may order them to pay fines as well.
If the person accused is an immigrant, their conviction could also affect their status in the United States. Immigrants need to demonstrate good moral character to enter and remain in the country. Occasionally, DUI offenses could be grounds for removal from the United States.
When a driver has a prior record
A first DUI offense is unlikely to cause immediate immigration consequences. However, if the driver accused of intoxication has a prior DUI on their record, the situation becomes more serious. Under current immigration rules, two or more DUI convictions can be grounds for removal from the United States. The United States Citizenship and Immigration Services (USCIS) can also consider multiple DUI convictions when an immigrant seeks to renew their visa or adjust their status.
When the courts impose a prison sentence
The USCIS can penalize immigrants in cases where they face lengthy incarceration. In scenarios involving multiple charges, an aggregate sentence of five years or more, regardless of the time served, can be reason to initiate removal proceedings. An immigrant who serves 180 days or more in state custody could also be at risk of removal from the United States.
When they face felony charges
Misdemeanor DUI charges may not lead to immigration consequences. A first-time offense that does not lead to injury or death may not carry particularly harsh penalties. Those facing felony DUI charges may be at risk of harsher penalties. They could also face immigration consequences. Felony offenses tend to have more of a chilling effect on immigration opportunities than misdemeanor convictions.
Understanding that even seemingly minor offenses can put immigrants at risk of removal from the United States can help them respond appropriately. Those who fight their DUI charges may be able to avoid convictions that could force them to leave the country.