Can You Get Deported for a DUI?

For immigrants in the United States, a DUI—Driving Under the Influence—can be more than just a criminal charge. While a DUI conviction is a serious matter for anyone, it carries additional and potentially devastating consequences for a non-citizen. You may face not only fines, license suspension, or jail time, but also immigration consequences of visa denial, green card complications, or even deportation proceedings. The penalty for a DUI can vary depending on your immigration status, the laws of the country, and the specific situation you are in—including any prior offenses or the perceived influence of your actions on public safety. Navigating this process raises complex legal questions, and it requires an in-depth understanding of both criminal and immigration laws. At Lipp Law LLC, our experienced immigration attorneys and DUI lawyers in Las Vegas provide the legal guidance and aggressive defense you need to navigate these challenging legal issues. 

Understanding DUI in the Immigration Context

A DUI charge in any state is a serious criminal law matter. It may be classified as a misdemeanor or a felony depending on your BAC (blood alcohol concentration), whether the drunk driving incident caused accidents, injury, or death, and if it involved drugs or substance abuse. The specific type of DUI offense you are charged with—such as aggravated DUI, DUI with injury, or multiple DUI offenses, can significantly affect the outcome of both your criminal and immigration cases. Taking the right action early on is critical. In some cases, a DUI conviction might seem minor at first glance. Still, when you examine the impact it can have on your immigration status, it becomes clear that this is not a situation to handle without the proper legal information and support. From an immigration law perspective, the offense can carry severe, long-lasting consequences. 

The U.S. immigration system, governed by agencies such as ICE, USCIS, and immigration courts, considers DUIs a red flag, especially if there are aggravating factors such as:

• Multiple DUI convictions
• DUI with injury or death
• DUI with a minor in the vehicle
• DUI involving controlled substances
• A history of reckless or criminal behavior

These circumstances might lead to a finding of inadmissibility, deportability, or a denial of naturalization. Even a single DUI arrest without a conviction may cause problems with visa renewals or green card applications, depending on the immigration authorities’ interpretation of your record. For example, the mere presence of law enforcement at the scene or the occurrence of harm to someone during the incident can escalate the situation. Immigration officials often evaluate different categories of offenses and weigh their seriousness for immigration purposes. What may seem like a minor issue in criminal court could still trigger serious consequences under immigration law. 

The Immigration Consequences of a DUI

Immigration officials often review a person’s criminal record when making decisions about:

• Admission into the U.S.
• Adjustment of status
• Naturalization
• Deportation/removal
• Visa issuance or renewal

Here’s where a DUI can cause trouble:

1. Green Card Holders and Permanent Residents

If you’re a lawful permanent resident, a DUI may threaten your status if it is classified as a crime involving moral turpitude (CIMT) or if it’s coupled with other felonies or criminal acts. It can also be used as a basis to deny citizenship under the reasonable moral character requirement during naturalization. In many Dui cases, even long-term clients with clean records have experienced unexpected changes in their immigration trajectory. These individual outcomes vary, but immigration officials often treat DUI convictions as red flags—particularly when reviewing applications for cards, visas, or naturalization. At Lipp Law LLC, we help individuals navigate these challenges by providing precise and concise legal guidance. Our blog and legal resources offer a helpful starting point for understanding what’s at stake, and our comprehensive legal services are tailored to meet the unique needs of each client. 

2. Visa Holders

Whether you’re in the U.S. on a student visa, work visa, or tourist visa, a DUI may result in visa cancellation or denial upon renewal. Many individuals are shocked to learn their status can be revoked after a single DUI case, even without a conviction. The specifics of each situation are crucial, and understanding the full legal impact requires careful navigation of both immigration and criminal law. As part of our commitment to informing the public, Lipp Law LLC publishes detailed articles on our site to help people understand the purpose and risks of various charges. Just like you’d expect a transparent icon and menu at the top of a website to guide you, clear guidance should be a central part of your legal journey. Whether you’re exploring your legal options or planning your next steps, protecting your career, your future, and your legal rights starts here. 

3. Undocumented Immigrants

For immigrants without lawful status, a DUI arrest might trigger contact with immigration enforcement. This can lead directly to deportation proceedings, especially if the person is already on ICE’s radar due to prior offenses, visa overstay, or previous removal orders. In many situations, the presence of DUI charges gives the government a legal way to initiate removal, even if the individual has lived in the area for years without incident. That’s why it’s critical to speak with an experienced immigration lawyer as soon as possible—one who understands both the immigration and criminal law consequences of a DUI. 

What Is Moral Turpitude?

“Moral turpitude” is a vague but critical legal concept in immigration law. A crime involving moral turpitude is typically one that is inherently dishonest, immoral, or contrary to societal standards—think fraud, theft, or violent crimes. When a prosecutor presents a DUI case with additional aggravating factors, it may raise the question of whether the offense reflects a pattern of reckless or dangerous behavior. For example, driving a car under the influence of a child passenger or causing serious injury may push the content of the case into the realm of moral turpitude. A judge evaluating the case may also consider the individual’s resident status when determining eligibility for immigration relief. At our office, we thoroughly assess each situation to provide the best possible legal path forward. 

A simple DUI usually isn’t considered a CIMT. However, if your DUI offense includes additional charges such as:

• Driving without a valid license
• Driving with a suspended license
• Fleeing the scene of an accident
• Causing serious injury or death
• DUI while transporting a minor

Then, it might rise to the level of moral turpitude, creating grounds for inadmissibility or removal.

DUI and Deportation Proceedings

If a DUI offense leads to deportation proceedings, you’ll receive a Notice to Appear (NTA) in immigration court. This is your opportunity to present a defense and fight removal. This is where having an experienced immigration attorney is crucial. At Lipp Law LLC, our legal team will review your record, the nature of your DUI conviction, and any immigration status violations, and work with you on possible defenses like:

• Waivers for certain crimes
• Cancellation of Removal
• Adjustment of status
• Prosecutorial discretion
• Challenging whether your offense qualifies as a deportable crime

We’ll help you present mitigating factors such as:

• Length of residence in the U.S.
• Family ties (especially to U.S. citizens)
• Children who would be affected by your removal
• Stable employment
• Community contributions
• Lack of prior convictions

Immigration Defense After a DUI

Your defense attorney will work with your immigration counsel to create a unified strategy. Here’s what to expect during your legal journey:

• Case review: Analyze the charges, look at history, and determine if the offense qualifies as deportable
• Legal strategy: Identify best defense route — suppression motions, trial defense, or plea negotiation
• Immigration court: If already in removal proceedings, argue for relief like adjustment of status or waivers
• Documentation: Gather records showing rehabilitation, such as alcohol counseling, community service, and clean driving record

In addition to legal arguments, we help with paperwork, attending court proceedings, dealing with immigration officials, and making sure your rights are protected.

DUI Patterns That Trigger Immigration Scrutiny

Immigration authorities pay special attention to patterns of behavior. A one-time DUI charge may not be fatal to your immigration goals, but repeated DUIs, substance abuse history, or signs of alcohol dependency can be problematic. When a driver consistently demonstrates impaired judgment behind the wheel, it raises serious concerns for immigration officials. These patterns can lead to more severe penalties, both in criminal court and in immigration proceedings, making it essential to understand the legal implications early on. Consulting with a knowledgeable DUI defense lawyer in Las Vegas who understands both criminal and immigration systems can help clarify your options moving forward. 

Agencies may also examine:

• Substance possession (drugs, illegal items in the vehicle)
• Past accidents and court records
• Involvement of children or vulnerable passengers
• Refusal to submit to BAC testing or consent violations

Immigration Status: Understanding the Stakes

Different types of immigrants face different risks:

• Asylum seekers or DACA recipients may lose eligibility for future relief
• Green card holders risk being labeled “removable” under INA 237
• Non-immigrants (visa holders) may lose their status and be barred from reentry
• Those seeking citizenship may be denied for lack of “good moral character.”

At Lipp Law LLC, we provide advice tailored to your specific immigration status, goals, and circumstances.

Don’t Face Immigration Proceedings Alone

If you’re already in deportation proceedings or suspect your DUI may lead to removal, time is of the essence. Immigration cases are complicated and require precise legal work. You’ll need to address both the criminal case and the immigration case simultaneously.

Our team helps you with:

• Understanding court steps and options
• Fighting convictions
• Filing appropriate motions or waivers
• Representing you at hearings
• Counseling on future legal risks

Conclusion: Protect Your Future

Getting a DUI is scary, but for an immigrant, it can be life-altering. The intersection of criminal and immigration law is complex, and mistakes can have long-term consequences like removal, visa cancellation, or the inability to return to the United States.

The good news? You don’t have to go through this alone.

At Lipp Law LLC, we understand the complexities of DUI and immigration law, and we know how to protect your rights. Whether you’re dealing with a first-time DUI offense or have multiple charges, our experienced attorneys are here to fight for your future.

We are committed to providing comprehensive, compassionate, and strategic representation for all immigrants — whether you’re a student, a green card holder or an undocumented individual just trying to protect your family.

Need Help?

Contact Lipp Law LLC today for a confidential consultation with an experienced immigration attorney or DUI lawyer in Las Vegas. We are here to help you understand your legal options and defend your status, freedom, and future.

Frequently Asked Questions

1. Can a DUI affect my ability to apply for asylum or refugee status?

Yes, certain DUI convictions—especially those involving aggravating factors—may impact your eligibility for asylum or refugee status due to concerns over criminal behavior or public safety.

2. What happens if I’m arrested for a DUI while my green card application is pending?

A DUI arrest during a pending green card application could delay or even jeopardize approval. USCIS may request additional documentation or schedule an interview to assess your moral character.

3. Can a DUI conviction prevent me from renewing DACA or applying for TPS?

Yes. While one simple DUI may not automatically disqualify you, multiple offenses or aggravating circumstances (like injury or a suspended license) could result in denial or revocation of DACA or TPS status.

4. Will I be allowed to reenter the U.S. if I get a DUI abroad while on a visa trip?

Possibly not. A DUI abroad can trigger a review at a consulate or port of entry, and you may be deemed inadmissible depending on the circumstances and local reporting practices.

5. Can I travel internationally with a DUI on my record if I have a green card?

You can travel, but reentry is not guaranteed. CBP officers may view the DUI as grounds for inadmissibility and refer you for secondary inspection or removal proceedings.

6. Does expunging my DUI help with immigration consequences?

Not always. Immigration authorities may still consider expunged convictions when evaluating admissibility, moral character, or deportability—particularly under federal immigration laws.

7. Will ICE automatically detain me after a DUI arrest?

Not necessarily. ICE detention depends on many factors, including your criminal history, immigration status, and whether local law enforcement collaborates with ICE (e.g., through 287(g) agreements).

8. How long does a DUI stay on my immigration record?

Indefinitely. Even if your criminal record is cleared under state law, immigration databases may retain DUI records for life unless formally sealed or corrected.

9. Can I apply for U.S. citizenship if I had a DUI in the last five years?

Possibly, but it may delay approval. USCIS examines a history of “good moral character” during the statutory period (typically 5 years), and a recent DUI conviction could lead to denial or a request to reapply later.

10. Should I hire a criminal defense lawyer or an immigration lawyer for a DUI?

Ideally, both. A criminal defense lawyer will help you fight or reduce the DUI charge, while an immigration lawyer will assess and manage the immigration risks associated with your case.