DUI Immigration Consequences – a Criminal Defense Lawyer’s Advice
Yesterday, I attended a conference for criminal defense attorneys who want to know more about the interplay between convictions for crimes and immigrant immigration issues. One of the most important parts of the CLE (continuing legal education) was when an instructor laid out the strict law on DUI / DWAI and deportation. Read more about Convictions and Immigration Consequences.
A DUI or DWAI Conviction Will Usually Lead to Deportation of an Immigrant in Adams County
Federal law sees drivers convicted of DUI as a danger to society. So much so, that a noncitizen who gets a conviction in Brighton or Thornton is very likely to be deported by ICE. Forget the felony – even a misdemeanor conviction for DUI will result in deportation. Why the intensity? DUI’s have been classified as dangerous persons crimes. Upon a charge for DUI, it is always important for a noncitizen to begin treatment and other classes to prove they are not a dangerous person.
No Felony is Necessary in Aurora or Lakewood to Be Deported by ICE Following a DUI Conviction
Sure, many felony convictions will lead to removal proceedings against you. However, some felony convictions will not necessarily result in your deportation from Aurora or Lakewood. You at least have a chance to stay here. But with a Colorado DUI or DWAI, federal immigration courts have a long history of sending you home – in the fast lane. In fact, there has been a recent effort to focus attention on noncitizens across the country who have a prior drinking and driving conviction. So if you are a noncitizen here on a green card or VISA, don’t drink and drive. If you have a DUI, your days here may be limited. If someone is not deported up front, they may face problems trying to reenter the U.S. after going home for a visit.
Immigrants and Problems with Inadmissibility from a DUI Conviction in Arapahoe County
While a DUI clearly leads to deportation, one may also prevent you from getting a green card. A green card will enable you to have U.S. lawful permanent residence in Arapahoe County. A drunk driving conviction can bar you from getting a green card and make you classified as removable from the United States. There are two different sections of U.S. immigration law: those of deportability and inadmissibility. Inadmissibility laws can bar someone’s coming into the U.S. from abroad – both for immigrant or nonimmigrant visas from another country. Deportability laws relate to whether someone here legally with a green card may have it revoked. Once revoked, that person will be deported and prevented from coming back for many years.
Other Crimes for Removal and Deportation of NonCitizens in Denver?
DUI and DWAI are not the only crimes which can cause deportation. Others include an aggravated felony like murder, rape, theft, forgery or obstruction of justice; a crime of violence; gun and firearm offenses; one crime of moral turpitude committed within 5 years of entry to the U.S. or two at any time; and controlled substance crimes. There are many others which only a qualified immigration lawyer can address.
Talk with a DUI Criminal Defense Attorney in Douglas County and an Immigration Lawyer
If you are charged with Driving Under the Influence of Alcohol or Driving While Ability Impaired, you are going to need to hire two different attorneys. Your Douglas County criminal defense lawyer will help keep you from getting a DUI conviction in the first place, and an immigration attorney will help protect your standing as a noncitizen in the U.S. Both lawyers are essential for their expertise in two separate legal fields.
As always, never speak to ICE officers or the police. It is not their job to help you. They will act nice hoping you will let your guard down and make harmful statements. Instead, call the best DUI criminal defense attorney at 303-731-0719. Together, we can protect your future.
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