Arizona has some of the harshest DUI laws in the country. If you are convicted of driving under the influence with a blood alcohol concentration (BAC) of .08% or higher, you will face a mandatory jail sentence. If you are a foreign citizen or immigrant, getting a DUI conviction could also lead to deportation.
In Arizona, a first-time DUI is usually charged as a class 1 misdemeanor, punishable by 10 days in jail, a driver’s license suspension, fines, and fees. While in the past, a misdemeanor DUI conviction would not result in immigration consequences, the current administration has taken a much harder line stance when it comes to any type of infraction committed by foreign nationals. Because even a misdemeanor DUI could trigger enforcement action, it is critically important that you consult with an experienced Arizona DUI defense lawyer as soon as possible if you are charged with driving under the influence as an immigrant.
At Matthew Lopez Law, we offer skilled legal representation to clients facing all types of criminal charges, from armed robbery to domestic violence to manslaughter. We understand the heightened risks associated with any criminal conviction for immigrants in Arizona. Reach out to our law firm today to schedule a free consultation with an Arizona criminal defense attorney.
Will an Arizona DUI Conviction Lead to Deportation?
In the immigration context, certain types of criminal convictions are considered deportable offenses. Other convictions are deemed “inadmissible crimes,” which are offenses that can prevent a noncitizen from entering or remaining in the United States.
Generally, a crime of “moral turpitude” will be considered a deportable offense or an inadmissible crime. While the Immigration and Nationality Act (INA) does not define this term, courts have held that it means a crime that is vile, base, or depraved, or which violates the country’s accepted moral standards. Examples of crimes of moral turpitude may include offenses such as murder, rape, kidnapping, and perjury.
Typically, a simple misdemeanor DUI will not be considered a crime of moral turpitude. That is because you can be convicted of driving under the influence simply based on your blood alcohol concentration or the results of your blood test. A prosecutor does not have to prove that you acted with evil intent in order to convict you of a DUI.
There are situations where a DUI could be deemed a deportable or inadmissible offense. This may include:
- A felony DUI conviction that occurs within 5 years of your admission to the U.S.;
- The DUI is your second or greater offense involving moral turpitude;
- You had illegal drugs in your possession at the time of your arrest;
- You were illegally carrying a firearm;
- The DUI involved domestic violence;
- You have a prior criminal conviction, and the total possible sentence for your convictions (including the DUI) is at least 5 years;
- You had a minor child in the vehicle with you at the time; or
- You are a drug addict or alcoholic.
If an immigration judge determines that your DUI conviction is a crime of moral turpitude, it may be grounds for deportation or inadmissibility.
In the past, getting a misdemeanor DUI conviction (even for a DUI of drugs) probably wouldn’t have impacted your immigration status. This is particularly true if you have no prior criminal record and there were no extenuating circumstances. For example, if you were arrested for a first-time DUI with a BAC right at the legal level (.08%) and you have no criminal history, that would not have triggered any immigration consequences.
However, under the second Trump administration, immigration enforcement has been considerably broadened. Pre-Trump, a single DUI offense (with nothing more) was not considered a deportable or an inadmissible offense. Under Trump, thousands of immigrants with minor criminal charges or convictions have been targeted for deportation. This includes individuals with DUI arrests or convictions.
Recently, the United States House of Representatives passed a bill, HR 875, that would make a DUI conviction a deportable offense for any non-citizen. The Senate has not yet voted on the measure. If it is enacted, then a DUI will be a deportable/inadmissible offense for any immigrant or foreign citizen.
While it is unclear whether this enhanced enforcement will continue, in the current climate, any foreign citizen could potentially face immigration consequences for even a low-level, non-violent offense. For this reason, you should reach out to an Arizona DUI defense lawyer immediately if you have been charged with a DUI or a related offense.
Finally, if you are an undocumented immigrant, then being arrested for a DUI will almost certainly lead to deportation. This is true even if you are never convicted of the crime. If you are in this situation, then you should reach out to an immigration attorney as soon as possible to explore your options.
Should I Hire an Attorney If I Am Charged with a DUI as an Immigrant?
It is always a good idea to hire a criminal defense lawyer if you are charged with a DUI or another crime. This is even more important if you are an immigrant. Whether you have a green card or are in the United States on a non-immigrant visa, you should be extremely careful when it comes to criminal charges.
It is possible to fight back against DUI charges. Our law firm is adept at investigating and analyzing cases to find potential defenses. Depending on the facts of your case, we may be able to argue that law enforcement had no reasonable suspicion to make the initial traffic stop or that they lacked probable cause to make the arrest. These legal arguments may result in the charges against you being reduced or dismissed.
There are many different factual arguments that could be made in a DUI case as well. This may include:
- Law enforcement did not follow protocol when administering the blood or breath test, leading to inaccurate results.
- The blood test samples were contaminated.
- The breathalyzer machine had not been properly calibrated.
- You have a medical condition that caused a false positive breath test, such as acid reflux.
- You have a medical condition that mimics intoxication.
Having an Arizona DUI defense lawyer by your side is the best way to maximize the likelihood of having your charges reduced or dismissed. Our law offices will investigate every aspect of your case to uncover facts or evidence that could be used in your defense. Even if you believe that you may have been under the influence while driving, we could use this evidence to potentially get the case thrown out of court.
Having the charges reduced or dismissed may mean avoiding some of the more dire immigration consequences that you may face under the Trump administration’s enhanced immigration enforcement policies. The best way to avoid being deported or being deemed inadmissible after being charged with a DUI is to not be convicted of the offense. Our team of experienced Arizona DUI defense attorneys will fight to protect your rights and your ability to remain in the United States.
Help for Immigrants Facing DUI Charges
Arizona is home to many immigrants. If you are a foreign national living in Arizona and you are charged with a DUI, a strong criminal defense is your best option for remaining in this country. While in the past, a simple DUI probably wouldn’t affect your status, under current laws, it could lead to deportation or inadmissibility.
Based in Tempe, Matthew Lopez Law represents individuals throughout Arizona who have been charged with all types of criminal offenses, including DUI. We are fierce advocates for our clients, working hard to get them the best possible outcome. To learn more or to schedule a free initial consultation with an Arizona DUI defense lawyer, give us a call at 480-608-9998 or fill out our online contact form.
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