If you were born in another country and immigrated to the United States, a DWI can mean more than monetary fines, jail time, and mandatory participation in an alcohol treatment program. Importantly, a DWI can affect your immigration status. Although driving while impaired is dealt with as a criminal matter in North Carolina, it can also have collateral consequences when it comes to your ability to remain in the country. With so much at stake, it’s crucial to have a skilled DWI attorney by your side who understands the connection between DWI and immigration knows how to fight the charges against you.

Key Takeaways

How Can a DWI Affect Your Immigration Status?

Criminal law matters such as DWIs and immigration law can overlap in several complex ways. Understanding how DWI and immigration issues intersect is critical, as not only can a DWI lead to a criminal record, but it can result in consequences such as deportation or denial of naturalization. Notably, while U.S. Citizenship and Immigration Services (USCIS) examines moral character for naturalization and certain immigration benefits, two or more DWIs can create a “rebuttable presumption” that you lack this requirement. Immigration courts have held that rehabilitation efforts after multiple DWI convictions do not demonstrate good moral character during the time frame that includes the convictions.

Depending upon your immigration status and the circumstances surrounding your DWI, a DWI conviction can lead to the following:

• Deportation and removal
• Denial of naturalization
• Inadmissibility
• Green card and visa issues
• Revocation of temporary protected status
• End of DACA status

If you are a green card holder, one straightforward DWI conviction likely would not result in losing your status. But several DWIs, or a felony DWI, can result in your being viewed by USCIS as a risk to public safety. You may also face reentry risks when attempting to return from traveling abroad.

While every case is unique, there are several key factors that can impact whether the DWI will affect your immigration status. Specifically, the presence of aggravating factors, such as whether the case involved drugs or injury to another, can make a DWI a much more serious matter to the immigration authorities. Committing a DWI with a child in the car or while driving with a suspended license can also elevate a conviction to a crime of moral turpitude, significantly affecting your immigration status.

How Can You Defend Against a DWI to Protect Your Immigration Status?

Many of the legal options that are available to U.S. citizens facing DWIs can be unfavorable for a noncitizen. For instance, a plea deal that might be advantageous to a citizen is often detrimental to a noncitizen, as it would appear as a conviction in immigration court.

If you’re a noncitizen who was charged with a DWI, it’s essential to have the representation of an experienced DWI attorney who also understands DWI and immigration and the impact a conviction can have for your immigration status. They can best advise regarding the consequences you may face and help develop a strategy to challenge the prosecution’s case against you. For example, they can scrutinize the initial traffic stop that led to the arrest, contest the accuracy of the BAC results, and look for Constitutional violations.

The strategy that your attorney will develop depends upon the facts and circumstances surrounding your case. However, having the right representation is critical for navigating the intertwined legal systems and securing an outcome that safeguards your ability to remain in the United States; especially when DWI and immigration consequences are at play.

Contact a Knowledgeable North Carolina DWI Attorney

If you are a noncitizen who was charged with a DWI, it’s vital to have a skilled attorney who can help you avoid a conviction. The Johnston County DWI attorneys at Reece & Reece, Attorneys at Law are committed to providing reliable representation and aggressive advocacy to clients facing DWI matters in North Carolina. Call (919) 300-1249 or contact us online to schedule a consultation and learn how we can help.