DUI and Immigration

Being charged with driving under the influence is a petrifying experience for the ordinary person. In most cases, being arrested for driving under the influence will not lead to deportation. However, there is a possibility that if a non-citizen is arrested and convicted of driving under the influence, that he or she could be deported.

A removable offense is one where the person convicted has certain immigration consequences. A removable offense can be classified as a deportable crime if the individual can be deported, or removed from the United States, for it. The other classification for a removable offense is if the crime is an “inadmissible” one, meaning that if convicted, and the individual leaves the United States, he or she cannot re-enter the States thereafter.

A Nevada DUI conviction can be a deportable offense if the charge was a Felony DUI that occurs within five (5) years of the individual's admission into the United States; the driver has a previous conviction for DUI or a prior offense involving moral turpitude; if illegal drugs or a firearm were found on the driver or in the driver's possession at the time of the arrest or the DUI involves an allegation of domestic violence.

Typically, a crime of moral turpitude is something the Court considers to be especially depraved and malicious, or one that violates the accepted moral standards of the United States. The crime can be a misdemeanor or felony offense and includes many crimes that you would expect, such as murder, kidnapping and sexual assault, but also includes crimes you would not expect, such as an unpaid casino marker. The exact definition is not defined for the Courts in the Immigration and Nationality Act.

An alien will be considered to have committed an inadmissible crime if he or she is determined to be a drug addict or an alcoholic; if the non-citizen driver had illegal drugs with him or her at the time of arrest; had a prior criminal conviction and the total sentence exposure of all sentences (including the DUI) is at least five (5) years in prison. Finally, the immigration Court may have the discretion to consider the DUI a crime involving moral turpitude, which will lead to the alien being deemed inadmissible.

When a non-citizen is convicted of a deportable offense, it does not matter how long the individual has been in the United States for or whether or not the individual had a green card. When a non-citizen has been deported, the individual's green card may be revoked and they will be removed from the United States and barred from coming back for many years. If the non-citizen is accused and convicted of an inadmissible, they can never return to the United States once they leave. It does not matter if the citizen was legally in the United States or not.

It is very beneficial to have an experienced Las Vegas DUI Attorney in your corner, fighting for you or your loved one. Being charged with a crime is an extremely scary and unpleasant event. What can make it even more stressful is if an individual has to leave friends, family, and all of his work behind in the United States. It can be very stressful if you do not know how to navigate the system and you do not have an experienced Las Vegas DUI Attorney working for you. The quicker you hire an experienced Las Vegas DUI Attorney, like Josh Tomsheck, the quicker he can begin working on your case. Mr. Tomsheck is a lifetime member of the National Association of Criminal Defense Lawyers, is a member of the National College for DUI Defense and is a member of the DUI Defense Lawyers Association. Mr. Tomsheck has over a decade of working with both misdemeanor DUIs and Felony DUIs. There are important deadlines and procedures that the police officers, Court and DMV must follow for a DUI charge to stand. If they do not follow these deadlines, it can greatly affect your case. Las Vegas DUI Attorney Josh Tomsheck has hundreds of satisfied DUI clients, as he has been able to get charges reduced, or dismissed entirely. For his case results, please click here. For your free consultation, please contact him here today!