DUI is considered a serious crime in California. Upon an arrest, you may not know what to do next. It gets even harder if you are not a US citizen. The U.S. Department of State can take away a non-immigrant visa after a DUI arrest, even if a conviction has not yet been obtained. If “prudential revocation” is applied, a visa can be cancelled due to concerns about the person’s health or criminal record, which may prevent them from re-entering the United States.
For this reason, anyone with a non-immigrant visa who has been charged with a DUI should obtain advice from an experienced lawyer. At the San Diego DUI Attorney, we are skilled in DUI defense and immigration law. We can help you handle the legal process and possibly reduce the immigration consequences of being arrested or found guilty of DUI.
Overview of Immigration Laws
If you are under the U.S. immigration system, you want to know the difference between deportable and inadmissible offenses. They are used to decide if you can be deported or are allowed to enter the country.
Deportable Offenses
Under the INA, some criminal convictions result in non-citizens being removable from the United States. Important categories are:
- Crimes Involving Moral Turpitude (CIMT). A single CIMT committed within five years after admission, with a possible sentence of one year or more, or two CIMTs not part of one scheme of offenses, can lead to deportation.
- Aggravated Felonies. If someone is found guilty of murder, rape, or trafficking in controlled substances or firearms, they will be deported as an aggravated felony.
- Controlled substance violations. A conviction for any controlled substance, apart from a single offense of possessing 30 grams or less of marijuana for personal use, can lead to deportation.
- Firearm Offenses. People found guilty of buying, selling, or possessing firearms or destructive devices illegally may be deported.
- Domestic Violence and Similar Criminal Acts. A person found guilty of domestic violence, stalking, child abuse, neglect, or abandonment, or who breaks a protection order, could be deported.
Inadmissible Offenses
If a person wants to enter the U.S. or change their status, they may be found inadmissible. Some offenses that make a person inadmissible are:
- Crimes Involving Moral Turpitude. A conviction or admission of a CIMT means the person is inadmissible, unless the offense is petty or committed by a juvenile.
- Controlled substance violations. If someone admits to or is convicted of controlled substance offenses, including paraphernalia, they cannot enter the United States, regardless of whether the drug was marijuana.
- Multiple Criminal Convictions. If a person is convicted twice or more, with the sentences totaling five years or more, they will be found inadmissible, regardless of the crimes.
- Drug Trafficking. If a person is suspected or convicted of drug trafficking, they are considered inadmissible.
- Prostitution and Commercialized Vice. INA Section 212, or Section 1182 of Title 8 of the United States Code, states that being involved in prostitution or commercial vice within the last ten years is a reason for being denied entry to the USA.
- Serious Criminal Activity with Immunity Claims. Persons who have committed major crimes and claim they cannot be prosecuted are not allowed to enter.
- Human Trafficking and Money Laundering. Individuals who are involved in major cases of trafficking in persons or money laundering are not permitted to enter the USA.
Non-immigrants should understand these provisions since some DUI offenses may involve them and possibly affect their immigration status.
DUI and Its Impact on Immigration Status
For non-citizens, being caught driving under the influence can have serious consequences, even if it is their first time.
Simple DUI Charge
A basic DUI, which is driving while intoxicated by alcohol and has a BAC of 0.08% or more, usually does not meet the criteria for a Crime Involving Moral Turpitude (CIMT). The Board of Immigration Appeals believes that a DUI alone does not include moral turpitude since it does not usually require intent or recklessness.
Even if CIMT is not given, a DUI conviction can still affect a person’s immigration status. For example, it could be considered when evaluating an applicant’s moral character during naturalization. In addition, if certain policies are followed, an arrest for DUI, regardless of a conviction, may cause a non-immigrant visa to be revoked if the arrest raises questions about the person’s health or safety.
Aggravated DUI
If a DUI offense is serious enough or has other circumstances, it may be considered a CIMT or an aggravated felony, which can result in the offender being found inadmissible and deported.
- DUI with a Minor. If you drive under the influence with a minor, especially a child under 14, you could be charged with child endangerment. The offense may be considered a CIMT because the parent did not care about the child’s safety, which could result in the child being inadmissible or facing removal.
- DUI with a Suspended License. Using a vehicle when your license is suspended or revoked proves you do not care about the law. Because of this conduct, the individual has been convicted of a CIMT and could be deported.
- DUI Involving Drugs (DUID). DUIs involving controlled substances are especially difficult. A person can be found inadmissible and deportable in the United States for any drug offense, even if it is not considered a CIMT.
- Multiple DUI Convictions. One DUI usually does not cause deportation, but having several DUI convictions may show a history of criminal acts. The individual may be considered inadmissible if the total time for these offenses is five years or more. If someone is convicted of the same crime several times, it can harm their reputation and make them ineligible for immigration help.
Visa Revocation and Entry Denial
A DUI arrest can seriously affect non-immigrant visa holders living in the United States. The DOS can still remove someone’s visa without a conviction. Individuals in the immigration process should know how visa revocation works.
Revoking a Prudential Visa
A non-immigrant visa can be revoked by the DOS after learning of an individual’s DUI arrest, even if they have not been convicted. This decision is usually made under the “prudential revocation” policy, which enables visa revocation if a person is not eligible due to health concerns. A DUI arrest could lead to questions about an individual’s health, which might cause the revocation of their visa for the sake of public safety.
Health-Related Grounds for Revocation
Many visa revocations due to health reasons are linked to DUI arrests. If a person has a physical or mental condition that might endanger themselves or others, they may be denied entry under U.S. immigration law. A DUI arrest could lead the consular officer to suspect alcohol abuse or dependency, which might cause the revocation of the visa.
Notification and Impact on Current Status
Most visa holders are told their visa has been revoked by email or another medium. Should contact information be old or missing, individuals might not know about the revocation until they try to travel. Being issued a visa revocation does not immediately end a person’s legal status in the U.S. If a person is already in the country, their status, as shown on the I-94 record, is valid until it expires.
Reapplication and Medical Examination
If your visa is canceled after a DUI arrest, you must apply for a new one before visiting the U.S. In most cases, you must see a panel physician to assess your health status before your application can be reconsidered. The physician assesses the amount of alcohol the patient drinks and checks if it is a danger to the public. Consular officers review the results to decide if the applicant is eligible for a visa.
Consequences of Non-Disclosure
Hiding a DUI arrest on your visa application can lead to significant problems. If you provide false details or leave out important information, you could be found guilty of misrepresentation or fraud, which means you will never be eligible for a U.S. visa again. Being open and honest when applying helps prevent more problems.
Naturalization and DUI
Requirement for Good Moral Character (GMC)
Applicants for U.S. citizenship through naturalization must have a good moral character during the statutory period, usually five years for most applicants and three years for certain spouses. During this assessment, reviewers examine how the applicant behaved during this time, and sometimes, actions from outside this time are considered if they show something about the applicant’s moral character.
Impact of DUI Convictions
Although one DUI conviction does not stop an applicant from getting GMC, it can be a major consideration in the decision process. The USCIS considers all aspects of an applicant’s past, and a DUI conviction can make the agency concerned about the person’s respect for laws and the safety of others.
The Attorney General ruled in Matter of Castillo-Perez that having two or more DUI convictions within the statutory period makes it more likely that GMC is not present. The presumption can be overturned if the applicant offers strong, appropriate, and believable evidence of rehabilitation and good behavior.
Aggravating Factors
Some situations related to a DUI can affect the GMC evaluation.
- Multiple DUI Convictions. If you are convicted of DUI more than once during the statutory period, it is assumed that GMC should be denied.
- DUI with Drugs. Being convicted of driving under the influence of drugs can result in a finding of a lack of GMC.
- DUI with a Minor Passenger: Being under the influence with a minor in the car can be considered dangerous and can reflect badly on a person’s morals.
Rehabilitation and Evidence
Those with DUI convictions may offer proof of having improved and being a good person, such as:
- Completion of DUI education or treatment.
- Maintaining a job and participating in community activities
- Letters of recommendation that show the applicant’s character
It is important to note that while rehabilitation efforts are considered, they may not be sufficient alone to overcome the presumption against GMC in cases with multiple DUI convictions.
Recent Legislative Developments
The “Protect Our Communities from DUIs Act” is (H.R. 6976)
In January 2024, the U.S. House of Representatives approved H.R. 6976, which is known as the “Protect Our Communities from DUIs Act.” The legislation changes the Immigration and Nationality Act so that any noncitizen with a DUI conviction or admission is considered both inadmissible and deportable, regardless of the classification of the offense by federal, state, tribal, or local law.
On March 6, 2024, the bill was sent to the Senate Committee on the Judiciary after it passed the House with 274 votes for and 150 against. The Senate is still considering the bill as of May 2025, and it has not been made into law.
How Noncitizens Are Affected
If passed, H.R. 6976 would change the immigration system by making any DUI conviction, no matter how minor, a reason for being denied entry and being sent back to the home country. If this change is made, immigration judges and officers can no longer decide DUI cases individually. As a result, noncitizens who have even one misdemeanor DUI charge could be subject to removal from the country or prevented from returning to the United States.
The bill aims to fix problems caused by differences between state and federal DUI laws and their effect on immigration cases. The legislation ensures all jurisdictions treat DUI convictions equally for immigration purposes.
The Laken Riley Act
Besides H.R. 6976, the Laken Riley Act was enacted on January 29, 2025. The legislation requires the U.S. Department of Homeland Security to detain noncitizens who confess to, are accused of, or are found guilty of crimes that can cause death or serious injury, including DUI offenses. The act allows states to file lawsuits against the Department of Homeland Security if they believe immigration enforcement has failed.
Steps to Take After a DUI Arrest as a Non-U.S. Citizen
Facing DUI charges and U.S. immigration law at the same time is difficult and can be full of risks. Those with non-immigrant visas who are accused of DUI should take measures to protect their immigration status.
Understand the Possible Immigration Outcomes
A DUI conviction may cause problems with someone’s immigration status. The U.S. Department of State can take away a visa after a DUI arrest, even if the person has not been convicted.
If you are not a U.S. citizen and are arrested for DUI, you should act immediately to defend your immigration status. A DUI arrest can cause serious problems for visa holders, green card applicants, and those wanting to become citizens.
Below is how you should deal with this complicated situation:
- Keep Your Cool And Be Calm
During your arrest, stay calm and follow the officers’ instructions. Do not argue or resist, as this can cause you to face more charges. Showing respect can help your case be handled better.
- Talk to an Immigration Attorney as Soon as Possible
If you are charged with a DUI, you should seek the advice of a lawyer who handles criminal and immigration cases. These experts can ensure that any decisions taken in a criminal case do not negatively affect a person’s immigration status. For example, a plea deal that looks good from a criminal’s view might still cause problems with immigration. An attorney who has dual expertise can handle these details well.
- Gather All The Necessary Paperwork
Collect every document that has to do with your DUI case, including:
- Police report
- Court summons and the records kept by the court
- Bail documents
- Evidence of rehabilitation efforts, for example, attending alcohol education courses
Your attorney will rely on these documents to understand your case and in case any future immigration matters arise.
- Avoid Adding to Your Legal Problems
After a DUI arrest, it is essential to keep your record clean. Any additional legal issues you have can make your immigration situation worse. Showing good behavior can help you in both legal and immigration situations.
- Know the Effects on Your Visa or Immigration Status
Being arrested for DUI can result in your visa being taken away or you not being eligible for immigration benefits. For example, the U.S. Department of State may take away your visa after a DUI arrest, regardless of whether you are convicted. If you lose your visa, you have to reapply and could be examined more closely.
- Prepare for Possible Medical Evaluations
When you apply for a new visa, you may need to have a medical check to ensure there are no health-related reasons you could be denied entry. If you are prepared, the process will be more efficient.
- Always Tell the Truth in Every Immigration Form
You should always state your DUI arrest or conviction when applying for immigration benefits. If this is not done, it could be considered misrepresentation, resulting in the application being rejected or the person being removed from the country.
- Keep Up to Date with Your Rights
Learn what your rights are when dealing with the police or immigration officials. Knowing your rights allows you to choose wisely and protect yourself at every step in the legal process.
- You Could Try Rehabilitation Programs
Signing up for alcohol education or rehabilitation programs shows you are serious about solving the problem. Completing these programs may benefit people involved in criminal or immigration cases.
- Stay Informed About Updates In Legislation
Be aware of any changes in immigration law that might concern people who have been convicted of DUI. Laws can be changed, and knowing about them can help you and your attorney manage your case.
Frequently Asked Questions (FAQs)
Can getting a DUI cause the loss of a visa?
Yes. The U.S. Department of State may revoke a non-immigrant visa if someone is arrested or convicted of DUI, even without a court conviction. Prudential revocation aims to protect against the possibility that a person may become ineligible in the future. If your visa is cancelled, you must get a new one before entering the U.S.
Is a DUI considered a crime involving moral turpitude (CIMT)?
A basic DUI is usually not considered a CIMT. If a DUI is committed with a suspended license, results in an accident that injures someone, or if a minor was present, it could lead to CIMT and may have serious consequences for immigration.
What happens to green card holders if they are charged with a DUI?
Lawful permanent residents who receive a DUI may face problems when trying to re-enter the U.S. after a trip and may not be eligible for naturalization. Although one DUI may not cause deportation, if you are caught with several DUIs or with aggravating circumstances, it can lead to removal from the country.
Can a DUI change my student visa (F-1) status?
Yes. If you are charged with a DUI, your F-1 visa could be canceled. If your visa is cancelled, you should get a new one before you travel to the U.S., and you may be asked more questions when you apply.
After I am convicted of a DUI, how much time should I wait before applying for naturalization?
USCIS expects applicants to display good moral character for five years before being eligible for naturalization. If you have a DUI conviction, it helps to wait until the period is over and to prove you have been rehabilitated when you apply.
Find a San Diego DUI Attorney Near Me
Non-citizens could have a hard time dealing with DUI charges and the laws of U.S. immigration. A DUI by itself may not result in deportation, but it can lead to a revoked visa, refusal at the border, and troubles with naturalization. If the offense includes several crimes, drugs, or causes harm to people, it might be classified as a crime involving moral turpitude or an aggravated felony.
If you are charged with DUI, you should quickly consult DUI lawyers experienced in criminal defense and immigration law. Obtaining legal advice early on can prevent problems and allow you to handle the legal system properly.
At San Diego DUI Attorney, we are ready to defend your rights and ensure your immigration status is unaffected. If you are a non-immigrant and want to know more about your DUI charge, call us at 619-535-7150 to arrange a consultation.
