If you are a non-U.S. citizen, you may be wondering if you can be deported for a DUI offense. It depends on several factors such as, your immigration status, if you have a record of criminal convictions, if anyone was injured or killed, if it was a felony DUI, if you were under the influence of drugs and so on.

Deportable Offenses

If you're an undocumented immigrant, then any criminal offense can lead to deportation. On the other hand, if you're lawfully present in the United States, you can look to the Immigration and National Act (INA) to see which crimes can lead to deportation.

Deportable offenses include, but are not limited to:

• Crimes of moral turpitude, which involve at least a one year prison sentence. These basically refer to crimes that violate the community's moral standards, such as sexual assault and violent crimes.
• Aggravated felonies; for example, battery, drug trafficking, and murder.
• Controlled substance convictions (not including possessing 30 grams or less of marijuana for personal use).
• Domestic violence.
• Child abuse, spousal abuse.
• Human trafficking.
• Immigration fraud.
• Certain weapons violations.

How a DUI Could Lead to Deportation

Though DUI is not explicitly covered under the INA's deportable offenses, there are other ways that a DUI could affect deportation and naturalization.

For example, if an immigrant was driving with a high BAC, they were speeding, it was their third DUI, and they accidentally killed another person, it could be argued that they should have known that their actions put others' lives at stake.

While a first-time DUI with no aggravating factors wouldn't normally trigger deportation for an otherwise law-abiding immigrant, if drugs were involved (controlled substance violation), it could pose a problem.

Also, if they have any hopes of becoming a naturalized citizen, the DUI conviction could pose difficulties meeting the "good moral character" requirement.

If you're worried about a DUI arrest affecting your immigration status, contact a DUI lawyer today!