What Non-Citizens Need to Know About DUIs in California
While a first-time DUI will not lead to deportation or prevent someone from obtaining legal status in the United States, certain DUI-related offenses and aggravating factors can create serious immigration consequences for non-citizens.
A skilled DUI defense attorney like Peter M. Liss can often help immigrants facing these charges maintain their status in the US. However, “I highly advise all non-citizens to consult an immigration lawyer whenever they face any criminal case, including DUIs,” says Liss, “as immigration policies and laws are constantly changing.”
Can a DUI Get You Deported?
Usually, a single driving under the influence conviction will not result in your deportation, or affect your visa —but there are some situations where a DUI can put your immigration status at risk, including:
- Drug DUIs
- DUI on a suspended license
- DUI with a minor
- Having a prior conviction
When a DUI CAN Affect Your Immigration Status
“If you are actively on probation, this may negatively affect your naturalization application and delay your eligibility for citizenship,” warns Liss. “Additionally, being on probation may make it more difficult to change or renew your residency status.”
Once a legal immigrant has served their sentence though, only certain types of criminal convictions can affect their status. Known as crimes of moral turpitude (COMT), these offenses involve intentional dishonesty, fraud, or behavior considered contrary to community standards of justice. They involve intentional acts that go beyond a mere mistake.
For individuals in the US on a valid visa, such as a green card, most DUIs will not result in deportation because these crimes are not considered offenses of moral turpitude.
However, four California DUI-related crimes that can put someone at risk of deportation include:
DUI Involving Drugs
While California considers a DUI involving drugs to be essentially the same as one involving alcohol, federal law does not. In fact, most drug crimes are considered deportable offenses under federal immigration law, which is why driving while addicted to drugs can also result in deportation.
Visit our dedicated drug DUI page to learn more about sentencing and defenses for this charge.
DUI on a Suspended License
Many DUIs occur because someone underestimated how intoxicated they are before driving, which isn’t enough to be considered a crime of moral turpitude. However, getting a DUI while driving without a valid license can sometimes result in deportation, as it involves willingly driving despite knowing your license was suspended.
Visit our dedicated pages on driving without a license and driving on a suspended license charges to better understand the unique defenses to these driving crimes.
DUI With a Minor in the Car
Driving under the influence with a minor in the vehicle sometimes results in child endangerment charges. Child endangerment is frequently a deportable offense because it is considered a crime of moral turpitude. However, “if you have one too many drinks at a family dinner and drive home with your child,” explains Liss, “it isn’t always a deportable offense, even if you’re facing enhanced charges for driving with a minor under 14 in the car.”
Learn more about DUI with a minor and other DUI enhancements here.
Multiple DUI or Criminal Convictions
Having multiple criminal convictions will not subject someone to deportation, but instead make them “inadmissible,” which will severely limit their future immigration options. Simply getting two California DUI convictions does not make a person inadmissible. Even a single felony DUI will not necessarily cause immigration problems.
However, lengthy jail or prison sentences for one or more offenses can create immigration problems and may result in inadmissibility. While it’s not a hard-and-fast rule, sentences adding up to around five or more years are more likely to result in immigration issues. “Jail or prison time for DUI sentences can add up,” warns Liss, “especially because these sentences are cumulative across an entire lifetime.”
Additionally, two or more DUI convictions can result in the court determining that someone is a “habitual drunkard” under immigration law. This designation makes it much more difficult to obtain citizenship, as it can signal that someone is not of “good moral character.”
Read more about repeat DUI sentencing here.
Can a DUI Make You Inadmissible?
A first-time DUI will not make someone inadmissible on its own. However, if you are sentenced to a significant amount of jail or prison time for any crime, you may be deemed inadmissible. Once you are declared inadmissible, you:1
- Will be unable to legally re-enter the US after leaving.
- Are ineligible for US citizenship.
- Cannot apply for a green card.
- Will be unable to have your immigration status adjusted.
How DUIs Affect Green Cards, Visas, and Citizenship
Immigration consequences aren’t just limited to deportation and inadmissibility. A DUI can also impact visa, green card, or naturalization processes. Here’s how:
Visa Holders
Whether or not a DUI will impact your visa will depend on the type of visa and the specifics of the DUI. A first-time offense with no enhancements may not cause you any issues, while repeat offenses and aggravating factors are more likely to impact you. For more specific information relating to your case, you may wish to speak to an immigration lawyer.
Generally speaking, visa holders could have their visas revoked and face re-entry difficulties after leaving the country. Student visa holders who receive a DUI may become ineligible for Optional Practical Training following graduation.
Green Card Holders
If you have a green card, you typically will not be deported for a single DUI. However, having a minor in the car, which can result in child endangerment charges, may result in deportation in some cases.
More often, getting convicted of multiple criminal offenses that leave you behind bars for lengthy amounts of time may result in your being deemed inadmissible.
Alternatively, these convictions may result in the denial or delay of future green card renewals or adjustments. You also may have difficulty changing or renewing your residency status if you are on probation.
Naturalization Applicants
A DUI may impact your ability to obtain citizenship. While it will not necessarily result in the denial of your application, it can count against the “Good Moral Character” requirement. As such, you may need to wait five years (or three years if you are married to a citizen) after completing your sentence before you can apply for citizenship.2
Aggravating factors may decrease the likelihood that your application will be approved, while evidence of rehabilitation can increase your chances of approval.
DUI Consequences for DACA (Dreamers)
While most immigrants will not have their status affected by a DUI, “Dreamers” residing in the US under the DACA program will often lose their status for driving under the influence. DACA has very strict rules wherein a substantial misdemeanor, including DUI, can disqualify someone from the program.3
“Those who are part of the DACA program must hire a top DUI defense attorney as soon as possible to fight these charges that can result in the loss of their legal protections,” advises Liss.
Can You Avoid Immigration Consequences After a DUI?
An allegation is not the same as a conviction. Addressing the charges proactively can help you avoid potential immigration issues. Working with a skilled defense attorney can make a significant difference in your case and your future. “In many cases, I have been able to work with the prosecutor to secure a plea deal that helps my client avoid deportation or other potential immigration consequences,” explains Liss.
By reducing the charges, minimizing the sentence, or securing probation over jail or prison time, your attorney can help ensure you are not incarcerated long enough to become inadmissible.
If you are facing charges that could be considered crimes of moral turpitude, such as child endangerment, your lawyer will typically focus on charge bargaining to ensure you are not accused of a crime that can result in deportation.
Learn more about DUI plea bargains here.
Talk to a DUI Attorney About Immigration Risks
While it’s wise to call an immigration attorney if you’re concerned about the consequences a DUI may have on your legal status, a criminal attorney can be critical in sidestepping these potential complications. A DUI lawyer can fight for your rights and work to secure an outcome that will allow you to stay in this country.
If you or a loved one is an immigrant facing DUI charges, call Peter M. Liss at (760) 643-4050. Schedule a free consultation today to get the experienced defense you need.
Frequently Asked Questions About DUI Immigration Issues
Does a DUI Affect Your Green Card?
In most cases, no. However, if you have prior criminal convictions or aggravating circumstances, it could result in your deportation or result in your being deemed inadmissible. Additionally, you face challenges changing or renewing your residency status while on probation.
Is DUI a Crime of Moral Turpitude?
Not on its own. Even DUI accidents that result in injury or death may not be considered a crime of moral turpitude, because driving under the influence is usually a mistake, not an intentional choice to do something wrong. However, if you drove under the influence on a suspended license or with a child in the car, you could be convicted of a crime of moral turpitude, which will make you eligible for deportation.
Can a DUI Affect my Citizenship Application?
Sometimes. A DUI will not always prevent you from obtaining citizenship. However, it may be hard to show good moral character if you completed your sentence within the last five years, or three years if you’re married to a citizen.
Will I Get Deported for a Second DUI?
Usually, a second DUI will not have any immigration consequences, unless you are subject to sentencing enhancements or have been convicted of other offenses in the future. While you still will not be deported for a second offense, you may be deemed inadmissible if you are sentenced to a substantial amount of time behind bars over the course of your lifetime.
Will the Police Call ICE After Arresting Me for DUI?
Because California is a sanctuary state, undocumented immigrants will not automatically be reported to ICE and deported just because they are arrested on suspicion of DUI. However, while local law enforcement cannot contact ICE after arresting someone for drunk driving, arrests and convictions are on public record, so immigration officials looking for specific individuals may be able to identify and detain these individuals based on information from an arrest.
Can a DUI Affect a Visa Renewal?
It can in some cases. The impact a DUI will have on a visa renewal varies based on the type of visa and the specifics of your DUI. A first-time DUI without aggravating factors is generally less likely to affect a visa renewal than more serious DUI-related offenses. Additionally, you may have more difficulty renewing the visa while on probation.
Has Congress Passed a Law Making a DUI a Deportable Offense?
Not as of yet. In 2025, the US House of Representatives approved HR 875, the Protect Our Communities from DUIs Act. This proposed legislation could expand immigration consequences for some, but not all, DUI-related offenses. However, as of now, the proposal has not been approved in the Senate or signed by the president. Therefore, it is not yet a law.
For the time being, the majority of people charged with a DUI will not face immigration consequences.
Legal References
- Immigration: Grounds of Inadmissibility (Congress.gov) ↩︎
- Chapter 9 – Good Moral Character (U.S. Citizenship and Immigration Services) ↩︎
- Frequently Asked Questions (U.S. Citizenship and Immigration Services) ↩︎
