Being convicted of a misdemeanor DUI in Nevada typically does not have immigration consequences for non-citizens. However, there are certain circumstances where a DUI conviction can lead to deportation, inadmissibility into the United States, and limits on United States Citizenship or permanent resident status.
Some circumstances that jeopardize immigration status include:
- A DUI classified as a “Crime of Moral Turpitude”
- Drug involvement in a DUI conviction
- Existence of a prior criminal record, specifically previous DUI convictions in some cases
- This article will go into details on matters regarding: Can a DUI Conviction Result in Deportation?
- Is DUI Considered a “Crime Involving Moral Turpitude”?
- Can a DUI Involving Drugs Lead to Deportation?
- Can a DUI Charge be Treated as Domestic Violence?
- Can a Prior Criminal Record, Including a Prior DUI, Result in Deportation?
- The Importance of Legal Representation
1. Can a DUI Conviction Result in Deportation?
Although DUI convictions do not typically lead to deportation, below are the following circumstances that a DUI offender may face deportation:
| Removable Offense Classification | Circumstances Making DUI a Removable Offense |
| Crimes leading to deportation | If the DUI offense was classified as a felony and took place within five years of the driver’s admission into the United States, the immigration judge determines it to be a crime of moral turpitude. If the DUI is the second or subsequent offense for the alien driver and is categorized as a crime involving moral turpitude. If the immigrant driver had illegal drugs in their possession during the DUI incident. If the immigrant driver was found to be in possession of a firearm illegally during the DUI incident. If the DUI offense involves domestic violence. |
| Crimes leading to inadmissibility | If the immigration judge determines that the DUI offense, or an attempt or conspiracy to commit such a crime, falls under the category of a crime involving moral turpitude. If the alien driver has prior criminal convictions, including the DUI offense, the combined potential sentences for all the convictions amount to at least five years. If the immigrant driver has been determined to be a drug addict or alcoholic. If the alien driver was found to have illegal drugs in their possession during the DUI incident. |
When non-citizens are convicted of an offense that subjects them to deportation, factors such as the length of their residence in the United States or possession of a green card may be excluded. In such cases, individuals face the risk of deportation regardless of their duration of stay or immigration status. Once deported, non-citizens may have their green card revoked if they possess one and will be physically removed from the US with the possibility of being barred from reentry for an extended period.
Non-citizens accused of an inadmissible offense may be unable to return to the United States if they leave, regardless of their previous legal status. If the offender was unlawfully present in the United States, the accusation could prevent them from adjusting to legal immigrant status.
2. Is DUI Considered a “Crime Involving Moral Turpitude”?
Determining whether a DUI offense qualifies as a crime involving moral turpitude is challenging because the Immigration and Nationality Act (INA) does not provide a specific definition for this term.
2.1 Understanding Crimes Involving Moral Turpitude (CIMTs)
Courts have established that a crime involving moral turpitude are characterized by the following:
- Being base, vile, or depraved
- Violating the accepted moral standards of the United States
Essentially, to be classified as a crime of moral turpitude, an offense must fundamentally offend the core moral values of society and involve an intent that can be described as “evil.”
In the context of Nevada, typical examples of crimes involving moral turpitude (CIMTs) include:
- Rape
- Murder
- Voluntary Manslaughter
- Lewdness With a Minor Under 16
- Kidnapping
- Unpaid Casino Markers
- Perjury
Courts determine if a crime involves moral turpitude depending on the statute’s required mental state for the offense. If the statute does not require intent or knowledge and the conviction can be based solely on negligence, it is generally not considered a crime of moral turpitude.
2.2 Evaluating DUI’s Classification as a Crime Involving Moral Turpitude
Simply driving under the influence does not typically meet the criteria for moral turpitude because a Nevada DUI conviction does not require proof of intent. It may just be based on driving behavior or blood alcohol concentration (BAC).
While Nevada courts have not specifically addressed whether DUI is considered a crime involving moral turpitude, the Eighth Circuit Court of Appeals provides some insight. , The Eighth Circuit Court of Appeals heard a case regarding an Iowa DUI conviction involving the injury of a minor child. The court deemed the DUI a crime of moral turpitude because it includes endangering the physical, mental, or emotional health of a child as an element of the offense.
Similarly, Nevada’s “child endangerment” law defines the crime as knowingly placing a child in a situation that causes harm to their physical or mental well-being. Therefore, if a DUI involves endangering a child, a judge may consider it a deportable offense.
The Eighth Circuit has recognized that reckless conduct may be considered a crime involving moral turpitude when specific aggravating factors are present. If Nevada courts adopt a similar stance, non-citizen DUI defendants may be at risk of deportation if they are arrested for additional offenses such as:
- Drag Racing,
- Driving On a Revoked License
- Evading the police under NRS 484B.550,
- Anything involving recklessly dangerous behavior.
3. Can a DUI Involving Drugs Lead to Deportation?
A conviction for DUI of Drugs (DUID) alone is typically not sufficient grounds for deportation or inadmissibility. However, the situation changes if the non-citizen defendant is also convicted of a Nevada drug crime, as drug offenses are considered deportable offenses.
It is important to note that under federal law, possessing up to 30 oz. of marijuana is not a deportable offense. While Nevada law allows for recreational marijuana possession, federal law still prohibits it. Therefore, non-citizens arrested for DUI of marijuana generally do not face deportation if the quantity of marijuana they possess does not exceed 30 oz.
Narcotics can lead to deportation, so it is the defendant’s best interest to get an attorney to help get the drug charges dismissed or reduced.
4. Can a DUI Charge be Treated as Domestic Violence?
In general, a DUI conviction does not qualify as a domestic violence offense under US immigration law. However, if an alien were to drive under the influence while forcing a spouse or domestic partner to be a passenger, DUI may be treated as a deportable offense.
5. Can a Prior Criminal Record, Including a Prior DUI, Result in Deportation?
The legal immigration to the United States depends on a person’s criminal record. Offenses that deem a non-citizen inadmissible include:
- Being convicted of two or more offenses (excluding purely political offenses)
- That are not a part of a single course of conduct, and Result in a total jail sentence of five years or more
Based on these criteria, non-citizen DUI defendants with an extensive criminal record or a previous felony conviction may face potential removal. However, aliens with only a few misdemeanor convictions, such as trespassing or disorderly conduct, are less likely to be brought before the Las Vegas Immigration Court.
6. The Importance of Legal Representation
If you are facing a DUI charge and are worried about its impact on your immigration status, we encourage you to reach out to us for a consultation. Our team at The Bourassa Law Group is well-versed in US immigration law and comprehends the various ways in which a criminal conviction can impact your ability to stay in the country.