Immigration consequences from a DUI arrest
By Michael Barber
After the passage of a new federal bill, H.R. 875, there are now serious immigration consequences for non citizens with a DUI conviction. DUI is not typically considered a crime of moral turpitude, but the new legislation treats DUI convictions as grounds for deportation. This supports a broader trend imposing strict penalties for criminal conduct. Even for offenses that may not traditionally fall under “moral turpitude.”
Normally a conviction for an aggravated felony results in deportation, leaving little room for discretionary relief. DUI is not explicitly listed under aggravated felony but the new legislation categorizes it as a “deportable” offense.
Georgia law requires law enforcement to verify the immigration status of individuals charged with DUI. This investigation leads to reporting undocumented individuals to federal authorities. This procedural requirement increases the likelihood of deportation proceedings for non-citizens arrested for DUI, even before a conviction.
It is crucial for anyone charged with DUI to seek legal help. Now it is even more important for immigrants. An experienced attorney can evaluate the specific circumstances of the case, identify potential defenses, and negotiate with prosecutors to minimize the impact of the charges. Legal counsel is particularly important in light of the reduced procedural rights and limited relief options available to non-citizens facing removal.
If you have been accused by the police of driving under the influence you need help from a trained DUI attorney. Don’t go to court alone. You need help from an attorney. Give our office a call. Let our office examine your case and find defenses can be raised for anyone charged with driving under the influence. Each situation is different and requires an evaluation of all the information in order to properly mount a defense and a effective negotiation with the prosecutor’s office. Remember that every DUI case is different because no two sets of facts are the same. Application of the above case law to your situation would take examination of the facts surrounding your case and applying this case law properly to create a properly mounted defense for YOUR arrest.
Our office has 24 hour response lines and can answer your questions and help you. Give our team of DUI defense lawyers a call at 404-445-8494. We can help you mount a proper defense for your situation.
