Vista DUI Lawyer and Criminal Attorney Peter M. Liss

24 hour hotline
  • DUI / Felony DUI
    • Vista DUI Attorney
    • DMV Hearings
  • Domestic Violence
  • Sex Crimes
    • Sex Crime Defense
    • Child Molestation
    • Child Pornography
  • Traffic Offenses
    • Traffic Crimes
    • Hit and Run Accidents
    • No-License Driving
    • Reckless Driving
  • More Practice Areas
    • Juvenile Offenses
    • Violent Crime
      • The Three Strikes Law
      • Weapons Charges
    • Theft Defense
    • White Collar Crime
      • Fraud Charges
    • Drug Crimes
  • About
    • About Attorney Peter Liss
    • Contact Us
    • San Diego Office
    • Client Testimonials
    • Case Results
  • Resources
    • Law Blog
    • The Criminal Process
    • Hiring a Criminal Lawyer
  • English

What Are the Immigration Consequences for a California DUI?

February 26, 2021 Written by Jill Harness and Edited by Peter Liss

Last Updated on March 19, 2025

deportation for a DUI

For non-citizens, criminal charges carry additional stress because the defendant will often stress about whether or not a conviction will affect his or her immigration status. In fact, the first question non-citizens typically ask their DUI attorney is “will this subject me to deportation?” The good news is that generally, a simple drunk driving conviction will not have any immigration consequences, but there are some limited cases where it may.

Cases Where DUI May Result in Deportation in Vista

First of all, it’s important to note that because California is a sanctuary state, even those who are in the country illegally will not automatically be deported just because they are arrested on suspicion of DUI. That being said, while local law enforcement cannot contact ICE simply because they arrested someone for drunk driving, arrests and convictions are public record, so immigration officials looking for specific individuals may be able to identify and detain undocumented immigrants if they are arrested.

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. Four California DUI-related crimes that can put someone at risk of deportation include:

DUI Related to Drugs

While California state considers a DUI involving drugs to be essentially the same as a DUI involving alcohol, federal law does not. In fact, drug crimes are considered a deportable offense under federal immigration law, which is why driving while addicted to drugs can also result in deportation. Because drug crimes can have such a negative impact on a person’s immigration status, it is often beneficial for those facing these crimes to work with a DUI attorney who can negotiate a plea bargain with the prosecution that will leave them with a conviction that will not result in their deportation.

DUI on a Suspended License

Because a crime of moral turpitude requires some type of intention or knowledge that you are doing something wrong (whereas driving under the influence can occur when someone simply has one too many drinks during dinner), getting a DUI while driving without a valid license is considered a crime of moral turpitude. That’s because you had to willingly and knowingly choose to drive knowing your license was suspended.

DUI with a Minor in the Car

Like getting a DUI with a suspended license if you had a minor in your car at the time of your DUI arrest, you could be considered to have committed a crime of moral turpitude. The good news is that if you had one too many drinks at a family dinner and were arrested with your child in the car, you won’t automatically be subjected to a deportable offense, even if you’re facing enhanced charges for driving with a minor under 14 in the car.

That being said, many people in this situation are also charged with child endangerment, and this crime is considered a crime of moral turpitude, which means you could face deportation for this offense. In many cases, the best option for those accused of this crime is to work with a criminal defense attorney who can negotiate a plea bargain that will result in the child endangerment being dropped, eliminating any risk of deportation.

Multiple Criminal Convictions

Technically, getting multiple DUI or other criminal convictions will not subject someone to deportation, but instead make them “inadmissible,” meaning that while they cannot be deported, they will be ineligible to re-enter the US after leaving, will not be eligible for US citizenship and cannot apply for a green card or for adjustment of their immigration status.

Simply getting two California DUI convictions will not make a person inadmissible. In fact, even a single felony DUI is not enough to result in immigration problems. but if he or she has been sentenced in court to five or more years in jail or prison for one or more crimes, he or she will be inadmissible. With enough DUIs or other convictions, this time can add up, especially because the five years is cumulative across an entire lifetime.

It’s also worth noting that two or more DUI convictions can result in the court determining that someone is a “habitual drunkard.” When the government has made this determination, it can make it much more difficult for a person to obtain citizenship because he or she is not considered to be of good moral character.

“Dreamers” Are Subject to Special Rules

It is worth noting that while most immigrants will not have their status affected by a DUI, those considered “Dreamers” because they remain in the US under the DACA program can lose their status if they are caught drunk driving. That’s because DACA has very strict rules that state a substantial misdemeanor, the list of which includes DUIs, can cause them to lose their status under the program.

With this in mind, it is particularly important that those who are part of the DACA program hire a top defense attorney as soon as possible if they have been accused of driving under the influence because this charge can have grave consequences for their future.

Immigrants Deserve a Skilled DUI Lawyer

Perhaps more than anyone else, non-citizens need a top DUI attorney to handle their case and fight for their rights in order to protect their ability to stay in this country. If you or a loved one has been accused of a DUI-related charge, Peter M. Liss can help. Please contact him at (760) 643-4050 for more information to schedule a free consultation to discuss the right defense for your case.

Related Article: If you’re here legally and want to help undocumented individuals, here’s how to do so without violating the law.

Hablamos Espanol.

Filed Under: DUI / FELONY DUI, Sentencing Tagged With: dui, dui with drugs, better understanding the law, moral turpitude, federal crimes

Call Today, I Can Help You

criminal justice attorney Peter M. Liss

The Experience You Need

I have been practicing law for over 40 years, and opened my own law firm in 1998, after serving as Assistant Supervising Public Defender for the Vista Public Defender’s Office. I have successfully defended hundreds of cases in my career, fighting charges ranging from drunk driving to capital murder.

Two Easy-to-Find Offices

My Vista offices are located just off the 78 freeway, directly across the street from the local courthouse and jail facility. For those further south, I have another office in Carmel Valley, off the 5 freeway and highway 56. Both offices offer free parking.

Call (760) 643-4050 Now

You can call my offices any time of day, every day to speak with a live person who can help you schedule a free initial consultation. If you have any questions, I return my calls promptly and courteously.

My Guarantee to You

Fight for your freedom without draining your wallet! I offer affordable rates and accept all major credit cards. Hablamos Espanol.

I’m available, let’s talk

My Practice Areas

I handle all types of misdemeanor and felony criminal cases in San Diego County, including:

  • Driving Under the Influence
    • DMV DUI License Hearings
  • Domestic Violence
    • Sex Crimes
    • Sexual Assault/Rape
  • Child Molestation
    • Child Pornography
  • White Collar Crimes
    • Fraud Cases
    • Identity Theft
    • Computer Crimes
    • Theft Crimes
    • Petty Theft
    • Grand Theft
    • Shoplifting
    • Robbery
  • Drug Charges
    • Drug DUI
    • Trafficking
  • Violent Crimes
    • Weapons Offenses
    • Assault
    • Homicide
    • Hate Crimes
    • Gang Crimes
    • Three Strikes Law
  • Criminal Traffic Offenses
    • Driving on a Suspended License
    • Hit and Run accidents
    • Reckless Driving
    • Vehicular Homicide
  • Juvenile Crime Defense
    • Truancy
    • Vandalism
    • Minor in Possession

Categories

  • THE CA LEGAL SYSTEM
  • CRIMINAL DEFENSE
  • DUI / FELONY DUI
    • Sentencing
    • Traffic Stops
  • DRIVING OFFENSES
  • DOMESTIC VIOLENCE
  • WHITE COLLAR CRIME
    • Computer Crimes
    • Fraud Charges
  • DRUG OFFENSES
  • VIOLENT CRIMES
    • Gang Crimes
    • Animal Abuse
    • Assault and Battery
    • Homicide
    • Kidnapping
    • Weapons Charges
  • SEX OFFENSES
    • Sharing Obscene Materials
    • Rape
    • Sex Crimes Involving Children
  • THEFT CRIMES
  • FAQs
  • FEDERAL CRIMES
  • HYPOTHETICAL SITUATIONS
  • JUVENILE CRIME
  • LEGAL PROCEDURES
  • SENTENCING ALTERNATIVES
  • DUI/ Felony DUI
  • Driving Offenses
  • Domestic Violence
  • White Collar Crimes
  • Theft Defense
  • Violent Crimes
  • Sex Offenses
  • Juvenile Crime
  • Drug Offenses
  • Privacy Policy
  • Terms of Use
vista crimminal law logo
  • Attorney Peter M. Liss
  • (760) 643-4050
  • 380 S Melrose Drive #301 Vista, CA 92081

Copyright 2003, 2024 Peter M. Liss, Esq. ALL RIGHTS RESERVED


About the Legal Information on This Website

I rely on my experience as a top defense lawyer in my area to personally review all information on this site; however the information offered here should not substitute as legal advice. If you have been arrested or charged with a crime in Vista, please contact a qualified criminal defense attorney.

About Me Icon About Me Phone Call Icon Call Contact Icon Contact Email Icon Email