In Rochester, New York, being charged with driving while intoxicated or driving under the influence can be life-changing. These charges, commonly called DWI or DUI, mean a person is accused of operating a vehicle while affected by alcohol or drugs. New York has strict laws for handling DWI and DUI charges. A person is considered legally impaired if their blood alcohol content, or BAC, is 0.08% or higher, or if they are under the influence of drugs. Penalties can include fines, losing a driver’s license, required alcohol education classes, and sometimes even time in jail. For anyone, these consequences are serious, but for non-citizens, the stakes are even higher. DWI or DUI charges can impact immigration status and future opportunities in the United States. At, Friedman & Ranzenhofer, PC, we are here to guide you through the legal process and help you navigate the complexities of your case.
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How a DWI/DUI Charge Can Affect Immigration Status
When someone is not a U.S. citizen, DWI or DUI charges can be particularly alarming because they may affect immigration status. The United States immigration system takes certain criminal charges very seriously. DWI and DUI charges fall into this category because they can show a person has been involved in harmful behavior, which may be a reason for immigration consequences. A DWI or DUI charge could prevent someone from becoming a U.S. citizen, renewing a visa, or even staying in the country. Immigration officials might see such charges as a sign that a person may not be fit for permanent residency or citizenship. This could mean facing deportation proceedings, where the government asks a court to order someone to leave the country.
Aggravated DWI/DUI and Immigration Consequences
Some DWI or DUI cases are more severe, leading to what is called an aggravated DWI or DUI. This can happen if someone’s BAC is especially high, such as 0.18% or above, if there are children in the car, or if the driver caused an accident while impaired. Aggravated charges make the situation more serious, as they can include harsher punishments under New York law. In immigration matters, aggravated charges also increase the risk of deportation. Immigration officials may treat these charges as “crimes of moral turpitude.” Such crimes are seen as acts showing poor character and are treated with strict rules under immigration law. An aggravated DWI or DUI can affect a person’s current immigration status and make it very hard to obtain or keep legal residence in the United States. Even if deportation does not happen right away, an aggravated DWI or DUI can remain on record and impact future immigration applications.
Impact on Green Card Holders and Visa Holders
For green card holders and visa holders, the consequences of a DWI or DUI can be severe. Green card holders, or lawful permanent residents, may think they are safe from immigration issues, but even they can face consequences for certain criminal charges. A DWI or DUI charge, especially an aggravated one, can affect green card renewal and the ability to apply for U.S. citizenship. U.S. Citizenship and Immigration Services, or USCIS, reviews a person’s criminal record before granting citizenship, and a DWI or DUI can lead to delays or even denials.
Visa holders, including those on student visas, work visas, or temporary visitor visas, also face immigration risks after a DWI or DUI charge. Visa holders are subject to strict rules about maintaining “good moral character,” which can be jeopardized by criminal charges. A DWI or DUI charge can lead to problems with visa renewals, extensions, and even reentry into the country after traveling abroad. In some cases, visa holders may have their visas canceled due to a DWI or DUI charge, which would mean they cannot remain in the U.S.
Deportation Risks and Legal Proceedings
One of the most serious outcomes of a DWI or DUI charge for non-citizens is the risk of deportation. The U.S. immigration system has strict policies for handling criminal charges among non-citizens. Although a single DWI or DUI charge may not automatically result in deportation, immigration officials have the right to review each case individually. The risk of deportation increases when there are multiple offenses or an aggravated DWI or DUI involved. This is because the U.S. immigration system seeks to protect public safety, and people with criminal records are often seen as risks.
The deportation process begins when immigration officials issue a notice to appear in immigration court. In court, a judge decides whether someone should be deported based on their immigration status and criminal record. DWI or DUI charges are considered when immigration courts determine if someone can remain in the United States. If a judge decides that a person’s criminal history makes them ineligible to stay, deportation will proceed. This process can be confusing, especially for those unfamiliar with both criminal and immigration laws, which makes having a lawyer essential.
DWI/DUI Charges and Applying for U.S. Citizenship
A DWI or DUI charge can also impact a person’s ability to become a U.S. citizen. To become a citizen, a person must show “good moral character.” USCIS considers any DWI or DUI charges when reviewing applications. A single DWI or DUI charge may not automatically prevent someone from becoming a citizen, but it does raise concerns about their character. If there are multiple offenses or aggravated charges, USCIS may deny a citizenship application. This is because a history of such charges may suggest a pattern of behavior that USCIS views as unsuitable for citizenship.
If a person has a DWI or DUI charge on their record, they may need to wait a certain period before applying for citizenship to show good moral character. In some cases, showing that they have completed all required court-ordered programs, paid fines, and stayed out of trouble may help their case. However, it is still possible for USCIS to deny citizenship even if a person has completed all legal requirements.
How to Reduce Immigration Consequences After a DWI/DUI Charge
If a non-citizen faces a DWI or DUI charge, there are steps they can take to lessen the impact on their immigration status. First, seeking legal help right away is crucial. An immigration attorney can help explain the options and develop a strategy to minimize immigration consequences. In some cases, it may be possible to get a DWI or DUI charge reduced or dismissed, which can help protect immigration status. For example, if a charge is reduced to a lesser offense, such as reckless driving, it may not carry the same immigration risks as a DWI or DUI. This approach may be available if there were issues in how the case was handled, such as improper police conduct or mistakes in breathalyzer tests. Showing that a person is taking steps to change their behavior, like attending alcohol education classes or counseling, can also demonstrate responsibility and commitment to following the law.
The Role of a Lawyer in DWI/DUI and Immigration Cases
Having a lawyer is critical in DWI or DUI cases for non-citizens because these cases are complicated, and immigration law is involved. Lawyers can review a person’s case to see if there are grounds to fight the charges or seek a lesser penalty. They can guide individuals on how to present their case to immigration officials or in court to reduce the risks of deportation or other immigration penalties. A lawyer can help present a strong case to USCIS that demonstrates good moral character, especially if the person has taken steps to make positive changes since the incident. Lawyers with knowledge of both criminal and immigration laws are particularly helpful in navigating these complex issues. This dual understanding is necessary because immigration authorities look at criminal cases differently than regular courts, considering the person’s history and the nature of the charge.
Staying Informed and Proactive
Understanding the full consequences of a DWI or DUI charge for non-citizens is essential for protecting immigration status. Staying proactive and informed about the potential outcomes can make a difference in the person’s ability to remain in the U.S. People facing these charges should avoid assuming that one court decision ends the matter. Even after a criminal court has issued a verdict, immigration consequences can continue. This is why it is so important for non-citizens to know their rights and to follow all court instructions carefully. Actions like completing any required treatment programs or attending counseling can help to improve the situation. Taking these steps seriously can help demonstrate to immigration officials and the court that the person is committed to following the law.
Seeking Help with DWI/DUI and Immigration Matters
For non-citizens in Rochester, New York, the impact of a DWI or DUI charge goes beyond typical penalties. It can affect every part of a person’s life in the United States, from the ability to work and travel to the chance of becoming a citizen. A DWI or DUI charge might seem like a minor issue, but it can lead to serious immigration consequences that last a lifetime. Because of this, anyone facing such a charge should get help as soon as possible to understand their options and protect their future.
If you or a loved one is facing a DWI or DUI charge and are concerned about immigration status, it is essential to get help from a law firm with experience in both criminal and immigration matters. Friedman & Ranzenhofer, PC is here to guide you through this challenging time and work toward the best possible outcome for your case. Contact us today to discuss your situation and learn how we can help protect your immigration status.