What Effect Can a DUI Charge Have on Your Immigration Status?
The consequences of getting charged with driving under the influence (DUI) are already severe, but if you are an immigrant, the penalties can be more severe. Even if you do not face the dire consequence of removal from the United States, a DUI conviction could ultimately prevent you from gaining U.S. citizenship.
First, to remove your worry about deportation as a consequence of your first DUI, the United States Supreme Court ruled in 2004 that non-citizens charged with a DUI have the opportunity to defend themselves in removal proceedings, rather than being summarily deported. But a conviction can lead to removal proceedings, so give us a call if you’ve been charged with a DUI.
Next, while you may not face removal right away for your first DUI offense, the state of Tennessee has plenty of other consequences in addition to how a DUI will affect your immigration status:
- You can face jail time, fines and probation.
- If you are convicted, you will have a criminal record which cannot be expunged.
- You will be required to install an ignition interlock device, which requires you to blow into the breathalyzer to test your blood alcohol level before you can start your vehicle.
- You face mandatory community service hours.
Another unfortunate consequence of a DUI for immigrants is that it will limit your ability to travel to certain countries, and you could face the delay or denial of your “green card,” too.
Being charged with drunk driving does not look good for you as you are working towards citizenship. Part of the process of becoming a naturalized citizen is to show evidence of your good moral character. Everyone makes mistakes in their lives, and if getting stopped for drinking and driving was a simple mistake that represented a departure from your responsible, upstanding character, you will be given the opportunity to show evidence of this.
Do you have questions about the process for becoming a permanent resident of the United States when you have been charged with a crime in Tennessee? If so, you may contact Knoxville immigration attorney Patrick Slaughter at LaFevor & Slaughter, or call 865-637-6258, to schedule a consultation to discuss your case today. We represent immigrants and their families when their rights have been infringed upon or when they are involved in a legal dispute, and we can help you, too.
As the Managing Attorney with LaFevor & Slaughter, Jason R. Hines handles new client consultations, strategic planning and implementation and represents clients in all the Firm’s practice areas.
As an attorney practicing law in Tennessee since 2009, Jason has represented clients from all walks of life in a wide range of cases in the State and Federal Courts of Tennessee. His practice areas include divorce, family law and immigration.