A conviction for drunk driving could have severe consequences for your immigration status. Depending on the circumstances, you could struggle to get your Permanent Resident Card, be unable to adjust your status, or even face deportation.
If you have immigration concerns, it is essential to have a knowledgeable and experienced driving under the influence (DUI) lawyer on your side to fight a conviction. Our McKenzie Law Firm, P.C. DUI defense lawyer in Montgomery County can offer legal advice, help you explore your options, employ a solid legal strategy, and understand the potential effects of a conviction.
How a First-Offense DUI Conviction Could Affect Your Immigration Status
A first-time DUI conviction could potentially affect your immigration status in several ways. This includes:
- Making you inadmissible to the United States or unable to travel to some other countries, facing a denial at entry or when seeking a visa
- Immigration authorities could initiate removal proceedings under some circumstances, especially if the conviction is for a crime of moral turpitude, an aggravated felony, or involves controlled substances as outlined in Section 237 of the Immigration and Nationality Act (INA)
- Making it more difficult to get approved for Permanent Resident status (Green Card) because it could be evidence of bad moral character
- You could receive additional scrutiny when applying for an adjustment of status
- Delaying or jeopardizing your application for U.S. citizenship through the naturalization process
- Making it more difficult to obtain or maintain professional licenses or certain types of employment, which could be crucial for your visa
You should be prepared to explain any arrest to immigration officers as necessary. However, it is much easier to talk about charges that were dropped or reduced than to justify a conviction, jail time, or other serious penalties.
How Can a DUI Defense Lawyer Help Me Mitigate the Effects of my Immigration Status?
Having a DUI defense attorney on your side is essential whenever you face charges. Your lawyer can help reduce the effects of your arrest and the potential consequences they can have on your life. If convicted, you could face jail time, significant fines, loss of driving privileges, probation, and other penalties. This could affect your education, job, and relationships.
This is even more important if you are facing a DUI charge as a non-citizen. You want someone with experience on your side to provide you with personalized guidance and representation. They must understand the potential effect of a conviction on your immigration status and help you avoid a conviction or mitigate the impact of it.
A drunk driving defense lawyer can take several steps to ensure your rights remain protected and you get the best possible outcome in your case. This includes:
- Carefully assessing and investigating the circumstances surrounding your arrest
- Gathering evidence to support your side of the story
- Considering a wide range of legal options for you
- Employing a robust legal strategy based on your case facts
- Representing your best interests throughout the criminal justice process
- Ensuring you know how to best explain your case to immigration officials if necessary
How Can a DUI Defense Lawyer Help Me Avoid a Drunk Driving Conviction?
When possible, a DUI defense attorney will help you avoid facing charges, get the charges dropped, or clear your name through other means. Avoiding any conviction or admission of guilt is the best option since you can explain your arrest to immigration officials much easier when no conviction is involved.
Some of the most common defenses our drunk driving lawyer may use in these cases include:
- Lack of probable cause for the traffic stop or arrest
- Improper administration or calibration of field sobriety tests
- Inaccurate or unreliable breathalyzer or BAC test results
- Medical conditions that affected your performance on sobriety tests
- Violation of Miranda rights during the arrest process
- Showing that you were not operating the vehicle at the time
- Police misconduct or procedural errors during the arrest or testing
Sometimes, avoiding a conviction or admission of wrongdoing is impossible. However, there are often options for reducing the severity of the charges and avoiding the harshest penalties. This could include:
- Reduction of the charges faced to a traffic violation
- Negotiation for a lesser charge or sentence
- Completion of an Accelerated Rehabilitative Disposition (ARD) program
It is important to note that the ARD program does not require entering a plea in court, and those who complete the program can petition the court to have the charges dismissed and the case expunged. This could provide a way to clear your criminal history if you meet the program’s strict qualifications.
When Should I Hire a DUI Defense Attorney to Manage My Case?
Call a drunk driving defense lawyer as soon as possible after your arrest. Your attorney can represent you from the start, being there during your initial court appearances and protecting your rights when police officers talk to you about your case. You do not have to handle any part of this process on your own. You have a right to an attorney.
The earlier you have an attorney by your side, the more evidence they can use to support a better outcome in your case. Sometimes, we can prevent clients from facing charges or reduce the charges they face before their arraignment.
When you contact your DUI lawyer, discuss your immigration concerns with them. They can help you understand your options and the possible effects of your arrest on your status. This is especially important if you have previous drunk driving charges, other convictions or were under the influence of controlled substances.
Discuss Your DUI Arrest With Our Team Today
Our DUI defense attorney from McKenzie Law Firm, P.C., can go to work on your drunk driving case today. If you were arrested or face charges for drunk driving in the greater Philadelphia area, our team is here to help. We serve Montgomery, Bucks, Berks, Chester, and Delaware counties.
Contact us now to learn more. We offer confidential consultations.
