Permanent residents of the U.S. are unlikely to be deported for getting a DUI. Still, with the current political climate and recent changes in immigration law, a simple DUI is typically not considered a crime of moral turpitude. Still, DUI cases involving injuries, repeat offenses, or reckless conduct can create immigration risks. Talk with an experienced Philadelphia DUI lawyer to protect both your record and your immigration status.

Deportable crimes in the U.S.

Any non-U.S. citizen may be deported if convicted of a deportable crime, including:

Crimes of moral turpitude (those that are inherently base, vile, or depraved)
Violent offenses, punishable by at least one year in prison
Aggravated felonies
Theft or forgery, punishable by at least one year in prison
Tax evasion or money laundering in excess of $10,000
Conviction of crimes involving guns, illicit drugs, or human trafficking
Production or possession of child sexual abuse material
Rape, murder, or kidnapping

A first-time or simple DUI generally doesn’t fall into these categories.

However, Pennsylvania sets a three-tiered penalty system for DUI charges with prison sentences of up to five years assessed if convicted of third-tier offenses. So, if you’re convicted of a DUI with the highest BAC level (over 0.16%) or if you refuse to take the breathalyzer test, and it’s your second or third offense. That conviction, which can carry a prison sentence of up to five years for repeat Tier 3 offenses, could place you at a higher immigration risk

If you are a lawful permanent resident of the U.S., it may be harder to get you deported for a DUI. However, if you cause a crash and someone is hurt or killed, you may face additional charges of manslaughter or even murder, and that is a deportable offense. And getting a DUI if you’re in the U.S. on a visa or illegally can have even harsher consequences.

How a Pennsylvania DUI affects a non-permanent resident’s immigration status

Getting a DUI may not cause your green card application to be denied, but it will come up during your interview. You’re required to disclose any criminal charges, so it’s best to talk to an attorney about how to minimize the impact of your DUI on your permanent resident application.

The DUI or DWI could be considered a crime of moral turpitude by the U.S. Citizenship and Immigration Services (USCIS), especially if it’s a second or third offense. Additionally, if the USCIS sees one or more DUI charges on your record, and the medical exam you’re required to undergo as part of the application process shows signs of alcoholism, then your application could be denied based on health-related grounds.

If you are an undocumented immigrant in the U.S. and you’re arrested for a DUI or DWI, then you may face fast-moving immigration enforcement, including possible detention and removal proceedings. In this case, it’s critical to talk to a lawyer; while having the DUI charge dismissed or reduced may not save you from being deported, it could still put you in a better position to be eligible for residency at a later date. A DUI can also lead USCIS to question your good moral character, especially if you have multiple offenses

How an attorney reviews your DUI case

If you’ve been arrested for DUI, your immigration status can make the situation even more stressful. The good news is that many DUI cases have defenses, and the details of your stop matter.

When you hire The Law Offices of Steven E. Kellis, the first step is a full review of how the police handled the stop. Steven looks closely at whether the officer had a legal reason to pull you over, how they determined you were impaired, and whether the testing process followed proper procedures. Field sobriety tests are subjective and often challenged in court, and even breath or blood tests can contain errors that weaken the case against you.

Your attorney will also examine whether you were actually operating the vehicle. For instance, if you pulled over to call for a ride home and weren’t driving at the moment officers approached, that detail can play a major role in how your case is handled. Any mistakes during the stop, testing, or arrest may give your lawyer room to suppress evidence or argue for a dismissal.

What to do if you’re a permanent resident facing a DUI

A DUI arrest can feel overwhelming when your ability to stay in the United States is at risk, but you don’t have to navigate it alone. Steven Kellis uses decades of DUI defense experience to challenge weak evidence and push for reduced charges.

If you’re worried about how a DUI could affect your future, The Law Offices of Steven E. Kellis is ready to help. With offices across Pennsylvania, Mr. Kellis helps clients statewide protect their future. Contact us online today or call us at (215) 977-4183 for a consultation.