You’re in the United States on a work visa. It’s all legal. One evening, you go out drinking with some of your friends from work. You have a bit too much to drink before you drive home. The police pull you over and arrest you on DWI charges.
You do think about the traditional ramifications: losing your license, paying a fine, spending time in jail, etc. But what worries you most is the threat of getting deported. Is that a serious concern? Could the authorities revoke your visa and deport you because you were a drink over the legal limit?
It can happen
Technically, it can happen. You can get deported. It’s something you must keep in mind any time you face arrest. One thing the court and the jury considers is whether you should still have a right to stay in the U.S. If they decide that you don’t, they can remove you from the country.
However, it is important to note that deportations most often happen after a violent act. When you intentionally cause harm to someone else — maybe getting into a fight outside of the bar — that’s when the court takes drastic steps. While they can send you home for many reasons, violent crimes most often lead to this result.
What happened in your case?
One thing to keep in mind is that every DWI case is unique. What exactly happened? What were the ramifications of the alleged drunk driving? It’s one thing if you got pulled over going a bit too fast on a street near your house and another thing if they found out you were intoxicated at the hospital, after you caused a deadly three-car accident. The more serious the allegations, the more serious the potential ramifications. If other situations that arose due to the drunk driving mean you now face felony charges, deportation becomes more likely.
Can you fight it?
As you consider all of your options, you may want to think about your chances to fight the charges. Maybe you do not believe you should have gotten pulled over. Maybe the officers made a mistake during the arrest. Maybe you never got intoxicated in the first place.
It’s wise to remember that DWI dismissals have become more common in New Jersey in recent years. The percentages are on the rise. Getting it dismissed may be the first step toward avoiding deportation and moving forward with your life.
Your rights
As with any criminal charges, you need to know your rights and your defense options. This is especially true when the allegations against you may lead to deportation and other drastic life changes.