In the United States, if you become a lawful permanent resident (green card holder), it does not mean that you cannot be deported. Under U.S. immigration law, when a permanent resident commits certain offenses, he or she can be deported.
Those immigrants who are at the most risk of being deported are the ones who commits "crimes of moral turpitude" or aggravated felonies. While federal law does not define the term "moral turpitude," it refers to crimes that are vile, deprived, or go against the mores of society.
For example, child abuse, rape, and murder are considered crimes of moral turpitude and are deportable offenses. But what about driving under the influence (DUI), otherwise known as DWI? Can you be deported if you're convicted of DUI? It depends.
About DUIs and Deportation
Usually, a standard first-time DUI offense will not lead to deportation, but much of that depends on the facts of the case. If the DUI involved an accident, or if someone else was injured or killed, or if the driver was under the influence of drugs and alcohol, the chances of deportation are higher.
The following factors in a DUI increase the possibility of deportation:
- Felony DUI
- Multiple DUIs on the record
- Someone was injured or killed
- Drugs were involved
- Previous criminal convictions
While many simple DUIs will not lead to deportation, that is not always the case; it's very fact specific. Ultimately, it comes down to the jurisdiction where you live, the prosecutor on your case, local law enforcement, and the judge.
If you live in a place like Texas where there is a large problem with immigrants committing DWI, you will need a good DWI defense attorney. Essentially, a single DUI conviction without aggravating factors should not lead to deportation. But, multiple DUIs, or a DUI involving drugs or bodily injuries can lead to deportation.
If you're an immigrant who's facing DUI charges, contact a DUI lawyer for a hard-hitting defense!