Denver Immigrant DUI/DWAI Lawyer
If you’re an immigrant facing DUI/DWAI allegations, it’s important to understand how alcohol-related driving convictions can affect your immigration status. For years, the question of whether DUI (Driving Under the Influence) or DWAI (Driving While Ability Impaired) convictions could lead to deportation has been debated. While immigration courts across the country reached differing conclusions, the current consensus provides some clarity on this issue.
Does a DUI/DWAI Conviction Lead to Deportation?
Under the U.S. Immigration and Nationality Act (INA), DUI and DWAI convictions were previously considered potential grounds for deportation if they were classified as crimes involving moral turpitude or crimes of violence. These legal terms refer to serious crimes that could trigger removal proceedings. However, legal precedent has made it clear that a single, simple DUI or DWAI conviction is not automatically considered a deportable offense.
- DUI/DWAI convictions are not crimes of violence (as established in Leocal v. Ashcroft, 543 U.S. 1, 2004).
- They are also typically not crimes involving moral turpitude, as confirmed in Matter of Lopez-Mesa, 22 I. & N. Dec. 1188 (BIA 1999), which ruled that a simple DUI offense will rarely, if ever, rise to the level of moral turpitude.
Therefore, for many immigrants, a first DUI or DWAI conviction alone is unlikely to lead to deportation or removal proceedings. However, the situation can change if there are subsequent offenses or aggravating factors in your DUI/DWAI case.
When Do DUI/DWAI Convictions Become an Immigration Concern?
While a single DUI/DWAI conviction may not result in deportation, multiple offenses or aggravated DUI/DWAI convictions can lead to more serious immigration consequences. If you face multiple convictions or if your DUI or DWAI leads to significant damage or injury, it could be classified differently under immigration law, leading to potential deportation or ineligibility for reentry.
Because immigration laws are complex and constantly evolving, it’s essential to seek legal advice from an experienced immigration lawyer to better understand your rights and options.
DUI/DWAI Convictions and Travel to Other Countries
In addition to potential deportation issues, DUI/DWAI convictions can create obstacles for U.S. citizens traveling abroad, particularly to countries like Canada. Canada treats any alcohol-related driving conviction as a felony, which can result in being denied entry into the country. This applies to both personal and business travel.
To be allowed entry into Canada after a DUI/DWAI conviction, U.S. citizens must obtain a Temporary Resident Visa (TRP). This process can take several months, and in some cases, individuals may face delays or denials at the Canadian border if they haven’t secured the proper documentation.
It’s crucial to be aware that multiple DUI offenses or attempts to gain entry without the necessary TRP may lead to denied admission to Canada. To avoid issues, it’s advisable to consult with an immigration lawyer or visit the Canadian government’s website for more details on this process.
Facing a DUI/DWAI allegation as an Immigrant? Contact us Today!
If you’re an immigrant facing DUI/DWAI allegations, it’s vital to understand the potential implications for your immigration status. While a single DUI or DWAI conviction is unlikely to lead to deportation, it’s essential to be aware of how multiple offenses or aggravating factors can affect your future in the U.S. Moreover, DUI/DWAI convictions can complicate international travel, particularly to Canada.
Always seek guidance from a skilled DUI defense attorney to ensure you’re fully informed about how a DUI/DWAI charge might impact your immigration status and travel plans. Protect your rights by understanding the legal nuances of DUI/DWAI allegations for immigrants. Call 303-409-7500 today to speak to an attorney at DeChant Law.
