Can a DUI Affect My Green Card?

If you are not a citizen of the United States but you possess a green card (permanent resident visa), usually a DUI will not do anything to affect your immigration status. Deportable offenses and offenses that could prevent you from coming to the United States only include aggravated felonies and crimes involving moral turpitude (CIMT).

A driving under the influence offense may be classified as an aggravated felony if –

• It involved serious bodily injury or death to another
• It was a second or subsequent DUI offense
• It was tied to a failure to appear/bail jump
• It was a DUI punishable by two or more years in prison

Crimes involving moral turpitude or "CIMT" are loosely defined as criminal offenses that are "base, vile, or depraved, and contrary to the accepted rules of morality." CIMT is not defined by statute, but rather defined by case law. Some examples of moral turpitude crimes include –

• Intent to steal or defraud
• Sex offenses
• Aggravated assault

A simple DUI will most likely not affect your green card, but it still carries consequences. For example, DUIs are costly (legal fines, courtroom fees, insurance premium increases, ignition interlock fees, and DUI school fees). DUIs also affect your driver's license and potentially your job if your job involves driving.

Gold & Witham is here to help you fight your drunk driving charge. To learn more, call us today or fill out a free case evaluation form.