Driving while intoxicated (DWI) offenses are relatively common. Some people refer to such offenses as driving under the influence (DUI) infractions. Regardless of the terminology used, a DWI offense relates to operating a motor vehicle after ingesting too much alcohol.
People can get arrested for a DWI because they fail a breath test. Generally speaking, adults with a BAC of 0.08% or higher could be at risk of arrest. Professionals operating commercial vehicles and underage drivers are subject to stricter chemical limits. Those who display impaired ability while driving or who cause crashes may also be at risk of DWI charges. The standard penalties for DWI offenses include driver’s license suspension, financial penalties and jail time.
If a person accused of drunk driving is an immigrant hoping to secure a green card or citizenship, can their offense affect their immigration status or future opportunities?
Basic DWIs may not trigger immigration consequences
A motorist accused of a single DWI offense may not be at risk of immediate immigration penalties. They can potentially retain their visa and still move forward with seeking permanent residence or naturalized citizenship. However, there are exceptions. If a driver causes a crash that injures another person or results in someone else dying, the enhanced charges brought by the state prosecutor could have immigration consequences. If the DWI affects their professional licensing and costs them their job, the immigrant could be at risk of losing their visa.
If an immigrant accused of drunk driving has prior DWI offenses on their record, then that could make them vulnerable as well. Habitual drunkenness is one of the factors that the government considers when evaluating an immigrant for good moral character. Repeated DWI convictions could prevent an immigrant from renewing a visa or qualifying for a green card. The best option for immigrants accused of breaking the law is often to seek guidance and find ways to avoid a conviction if possible.
Getting help from someone familiar with how criminal convictions may impact immigration opportunities can make all the difference for those accused of a DWI offense. With the right support and defense strategy, immigrants can work to protect their status and avoid criminal consequences.