29 May Will A DUI Get Me Deported?
If you are not a resident of the United States and are inside it’s boundaries either legally or illegally, there are certain crimes that are considered “deportable offenses” that will trigger your removal from the US automatically. There is confusion however as far as if you will be removed for certain offenses that fall short of the crimes that are considered bad enough to trigger your automatic removal. You must keep in mind that if you are not in the country legally, then it would not necessarily be the crime itself that triggers the deportation, but the fact that you are in violation of immigration laws in general. If you are in the country illegally, that alone is a “deportable offense.” If you are not a resident of the country but are here legally for a time being, then the “deportable offense” discussion becomes more clear and important to understand.
For anyone who is in the United States legally but is not a citizen, certain types of arrests are going to not only bring about deportation, but also punishment for the crime itself if convicted, the same way any US citizen would be punished. Nevada state crimes that subject a noncitizen to deportation typically include aggravated felonies, firearms offenses, drug crimes, domestic violence offenses, and crimes involving moral turpitude. These crimes are all serious enough in nature that they would also involve prison time in almost every case. For the sake of this discussion we are simply looking at if a person who is legally in the United States but is not a citizen is convicted of DUI if they will be deported. The answer is “possibly.”
The “deportable offense” that can get you thrown out of the United States if you are a legal alien is a “Third Strike DUI.” The first and second times that you would be convicted of DUI within a seven year time frame are misdemeanors and are ultimately not considered serious enough to be “deportable.” The third DUI conviction is a felony and as a result would be considered enough to cause the person’s removal from the United States. The rules do begin to get difficult with regards to drug crimes and Crimes Involving Moral Turpitude (CIMTs.) Certain crimes of this nature can result in deportation even though they do not seem serious. A good example is solicitation of a prostitute, which can be a deportable offense under the CIMT rules. Additionally, being convicted of a DUI and admitting that you are addicted to a substance can ultimately land you in trouble that can lead to deportation. As the efforts to remove aliens from the country become more of a political issue, we find that deportation for many offenses that do not seem all that heinous are being carried out. While the political climate will dictate how serious the deportation of people is taken, you must remember that if the charges are thrown out or reduced there is a better chance that you will not be deported than if you are convicted. Call a DUI lawyer immediately.