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Immigrant DUI

Undocumented Immigrants and DUI in Los Angeles

This is a situation where somebody who is not here legally gets a DUI and is arrested by the police, and they're trying to figure out what will happen to them immigration-wise related to one of these DUIs.

Probably the first and most immediate thing is that they've been arrested and taken into custody, which automatically potentially triggers a problem because they're not here legally. 

So, suppose immigration realizes they're not here legally, even though they might be able to get out for the criminal case related to the DUI. In that case, they may be held in custody simply because they're not here legally, and deportation proceedings could be instituted at that time.

Will You Get Deported Over a DUI?

Sometimes, the person is cited in court with a ticket from the arresting officer or even released from jail before the INS can put any hold on them. 

If this happens, the concern is that if they get any jail or prison time related to their DUI, that can once again trigger INS or immigration to become involved, put a hold on the person, and then, after their case is over or after they serve their sentence, they will be taken into custody. They will be deported at that point.

Undocumented Immigrant DUI Attorney in Los Angeles

Once you get past the issue of INS getting their hands on you because you're an undocumented immigrant with a DUI or in custody, the next concern is what about a conviction for DUI if you're an undocumented immigrant.

Whether this will trigger an issue for you trying to get your citizenship in the future.

The answer is usually no.  Typically, when they're talking about imposing immigration consequences on somebody related to a crime, they're looking at the person's intent.

They're looking at whether it‘s a crime of moral turpitude. In general, DUI, especially misdemeanor/first-time DUI, are not crimes of moral turpitude, and therefore, would not cause a person to do so first-time DUI, are not crimes of moral turpitude, and therefore, would not cause a person to be able not to become a citizen. 

Also, even if somebody were on a green card and picked up a DUI, they would have a solid argument to stay in the country.

You start to get into problems related to DUI cases when you get the DUI and other crimes associated with a DUI, and those crimes themselves are deportable offenses because they involve moral turpitude. Moral turpitude refers to conduct that is considered contrary to community standards of justice, honesty, or good morals.  They involve intent.

They involve someone trying to commit a crime, and it's a situation where immigration has a list of crimes that they are not going to permit somebody to be convicted of and remain in the country, even if they're here on a green card.

Consult with an Immigration Lawyer

It's crucial to consult with an immigration attorney. They have the expertise to guide you on what you could plead to and what you couldn't. Their knowledge and experience will provide you with the necessary support and guidance during this challenging time.

The reason for this is that I get a lot of clients saying, well, I'm not a citizen, or I'm a green card holder, so I can't plead to anything. Then you say, okay, then you'd better be innocent because unless you're innocent, you're going to end up having to plead to something.

There's no reason to go to trial and lose. What will happen is that you'll get the worst possible sentence, which could include a longer jail or prison term, and then after you serve your jail or prison sentence, you're going to get deported.

It's important to be realistic. If the evidence is against you, you may have to plead guilty to something. Being prepared for this possibility will help you navigate the legal process with a clear understanding of the potential outcomes. 

The issue is going to be what can you plead guilty to if you're an undocumented immigrant or if you're here on a green card and still be able to remain in the country and still be able to get your citizenship status in the future in the United States.

When it comes to DUIs involving immigrants, your first and best step is always a criminal defense attorney who understands the immigration consequences and issues surrounding DUI cases. Their expertise will ensure you get the best possible result, providing you with reassurance and confidence in your decisions.

Contact Us Today

Hedding Law Firm is committed to answering your questions about DUI law issues in California and throughout the United States.

I'll privately discuss your case with you at your convenience. All consultations are free, discreet, and confidential. Contact us today to schedule an appointment.

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