For immigrants, the stakes involved in a DUI arrest are higher than for naturalized or native US citizens. A Florida DUI conviction can impact the immigration status of non-citizens and potentially lead to deportation in cases involving aggravating circumstances.
At Stechschulte Nell, Attorneys at Law in Tampa, we understand that Florida DUI convictions don’t typically result in the deportation of noncitizen drivers, but in those cases involving serious damage, injury, or death, an experienced and skilled DUI criminal defense lawyer is essential to protect the rights of the unnaturalized US resident and prevent their deportation. As Florida DUI defense lawyers, our many years of experience prosecuting and defending DUI cases gives Stechschulte Nell the insight that separates us from other, less qualified defense attorneys. If you are a non-citizen charged with DUI in Florida, contact our office for a full case review and legal representation.
Understanding DUI Laws in Florida
In Florida, DUI is defined as operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or while impaired by alcohol or other controlled substances. Penalties for DUI include fines, imprisonment, community service, probation, and mandatory participation in a substance abuse education program. The severity of the penalties increases with multiple offenses or if the DUI resulted in property damage, bodily injury, or death.
Read More > Types of DUI Charges in Florida
Immigration Consequences of a DUI Conviction
The impact of a DUI conviction on an immigrant’s status depends on several factors, including the individual’s current immigration status, the specific facts involved in the DUI offense in question, and whether the offense is classified as a crime involving moral turpitude (CIMT) or an aggravated felony under U.S. immigration law.
The categories of individuals who may be subject to deportation, denial of visa renewal, or denial of citizenship include:
- temporary Visa Holders
- permanent residents (Green Card Holders)
- Deferred Action for Childhood Arrival (DACA) recipients
- Temporary Protected Status (TPS) holders
- asylum seekers
- refugees
Crimes Involving Moral Turpitude (CIMT)
U.S. immigration law defines Crimes of Moral Turpitude (CIMT) as offenses involving conduct that is “inherently base, vile, or depraved, and contrary to accepted moral standards.” DUI offenses are generally not classified as CIMTs. However, certain aggravating factors can elevate a DUI to a CIMT, including these:
DUI with Aggravating Circumstance in Florida
A DUI that involves reckless driving or causing serious bodily injury or death can be considered a CIMT by the government. This classification can lead to refusal of admission to the U.S., exclusion, or deportability for non-citizens.
While a single DUI is usually not considered a CIMT, multiple DUI convictions can qualify as indicative of a disregard for the law and public safety, potentially leading to immigration consequences.
Aggravated DUI Felonies in Florida
An aggravated felony is a serious crime under U.S. immigration law that often results in severe immigration penalties, including deportation and a permanent ban on reentry to the United States. Most DUI offenses do not qualify as aggravated felonies. However, a DUI can rise to the level necessary to be classified as an aggravated felony if it involves:
DUI with Serious Bodily Injury or Death
If a DUI results in serious bodily injury or death, it may be classified as an aggravated felony, especially if it leads to a conviction for vehicular manslaughter or similar charges.
DUI with Controlled Substances
A DUI involving the use of controlled substances may also be considered an aggravated felony if it results in a conviction for drug trafficking or similar offenses.
Factors Influencing Deportation Decisions
There are a range of factors influencing whether an immigrant can be deported for a DUI in Florida, including the individual’s immigration status, the specific circumstances of the DUI offense, and the presence of any aggravating factors.
Immigration Status
The immigration status of the individual plays a crucial role in determining the consequences of a DUI conviction:
- Undocumented Immigrants: Undocumented immigrants are at a higher risk of deportation following any criminal conviction, including a DUI.
- Lawful Permanent Residents (Green Card Holders): Green card holders can also face deportation for certain DUI offenses, particularly if the DUI is classified as a CIMT or aggravated felony. Multiple DUI convictions or a DUI with aggravating circumstances can increase the risk of deportation.
- Non-immigrant Visa Holders: Individuals on non-immigrant visas (e.g., student or work visas) may face visa revocation or denial of visa renewal following a DUI conviction. This can lead to removal proceedings if the individual is deemed to be in violation of their visa terms.
Specific Facts or Circumstances of the Florida DUI Offense
The details of the DUI offense are critical in determining whether a conviction will carry serious immigration consequences:
- First-time vs. Repeat Offenses: A first-time DUI offense without aggravating factors is unlikely to result in deportation compared to multiple DUI convictions or a DUI involving aggravating circumstances.
- Severity of the Offense: DUIs that result in serious bodily injury, death, or involve other criminal conduct (e.g., fleeing the scene) are much more likely to be considered grounds for deportation or denial of other status renewal.
Aggravating Factors
Certain aggravating factors can elevate the severity of a DUI offense and increase the likelihood of deportation:
- Reckless Driving: If the DUI involves reckless or dangerous driving, it can be classified as a more severe offense with greater immigration consequences. The difference between a simple DUI and one involving reckless driving is the heightened risk and apparent disregard for the safety of the public.
- Child Endangerment: A DUI committed with a minor in the vehicle can lead to additional charges and harsher penalties, including potential immigration consequences. Again, the potential risk to the welfare of the minor can raise the level of severity of the DUI to one amounting to depravity for purposes of immigration law.
Legal Defenses and Mitigation
For immigrants facing DUI charges in Florida, Stechschulte Nell has successfully used several legal defenses and mitigation strategies to help reduce the risk of a client’s deportation.
Challenging the DUI Charge
In every DUI case, the first and most effective defense strategy is challenging the DUI charge by contesting the validity of the arrest, the accuracy of BAC testing, and the legality of the traffic stop. Successfully challenging the DUI charge can result in the exclusion of evidence from the prosecution’s case. As the prosecutor’s evidence is reduced or at risk of being suppressed, the prosecutor’s incentive to negotiate a plea to reduced charges increases.
Our DUI defense lawyers strive to win a dismissal of the DUI charge and to minimize the impact of the case outcome on the individual’s immigration status.
Protect Your Future: Legal Defense for Immigrants Facing DUI Charges
For immigrants, a DUI charge in Florida is more than a criminal issue; it’s a pivotal moment that could determine their ability to stay in the U.S. If you are a non-citizen facing a DUI, it’s crucial to approach your defense with a strategy tailored to protect not only your legal rights but also your immigration status.
At Stechschulte Nell, our attorneys combine deep knowledge of both DUI defense and immigration law to offer robust legal solutions. We understand what’s at stake and are prepared to fight for the best possible outcome. Don’t let a DUI define your future.
Contact us today for a comprehensive case evaluation and ensure your rights and residency are vigorously defended. Act now—your ability to stay in the U.S. may depend on it. Call 813-280-1244 today.
