DUI and Deportation
Driving under the influence (DUI) is considered a serious crime in the United States. It not only poses a danger to the driver and passengers, but also to other drivers and pedestrians on the road. As a result, the law has provisions of severe punishments for those who are convicted of DUI. However, for non-citizens, a DUI conviction can have an even more severe consequence – deportation.
How DUI Can Lead to Deportation
A DUI conviction can be considered a “crime of moral turpitude” under immigration law. This means that the crime is considered to be morally reprehensible and can be grounds for deportation. Additionally, if a non-citizen is convicted of a DUI and sentenced to a year or more in jail, they can also be deportable under immigration law.
The immigration laws of the United States are complex and can be difficult to navigate. For non-citizens, a DUI conviction can have serious immigration consequences, including deportation. Therefore, it is important for non-citizens to understand the potential immigration consequences of a DUI conviction and to consult with an experienced DUI lawyer who can advise them on their rights and options.
Defences Against Deportation
However, there are provisions in the law for defences that can be raised against deportation in the case of a DUI conviction. These include:
212(h) Waiver
A 212(h) waiver allows a non-citizen to apply for a waiver of inadmissibility based on certain grounds, including a single criminal conviction for a crime of moral turpitude. This waiver may be granted if the non-citizen can show that their deportation would result in extreme hardship to a U.S.a citizen or legal permanent resident’s spouse, parent, or child.
Cancellation of Removal
Cancellation of removal is another defence against deportation that may be available to non-citizens convicted of a DUI. This allows a non-citizen to apply for a cancellation of removal if they can show that they have been physically present in the U.S. for at least 10 years, that they have been a person of good moral character during that time, and that their deportation would result in exceptional and extremely unusual hardship to their U.S. spouse, parent, or child of a citizen or legal permanent resident.
Adjustment of Status
Another possible defence against deportation is adjustment of status. Non-citizens who are married to a U.S. citizen or have a U.S. citizen parent, may be able to adjust their status to that of a legal permanent resident. Adjustment of status can also be used in cases where a non-citizen has been physically present in the U.S. for at least ten years, has been a person of good moral character, and would suffer extreme hardship if deported.
The Role of DUI Lawyers in Protecting Non-Citizen’s Rights
Understanding the Importance of a DUI Lawyer
Driving under the influence (DUI) is a serious criminal offence in the United States, and the consequences of a conviction can be severe. For non-citizens, the consequences can be even more dire, as a DUI conviction can lead to deportation. In light of this, it is crucial for non-citizens to understand the importance of hiring a DUI lawyer to protect their rights and minimise the potential penalties of a conviction.
Navigating the Legal System
An experienced DUI lawyer is familiar with the legal system and is able to navigate the complex procedures associated with a DUI case. They can advise non-citizens on the potential penalties of a conviction, and ensure that their client’s rights are protected throughout the legal process. Additionally, a DUI lawyer can help to negotiate a plea bargain that withholds deportation.
Negotiating a Plea Bargain
A DUI lawyer can help to negotiate a plea bargain that withholds deportation. This can include a plea to a lesser charge, or a diversion program that allows the non-citizen to avoid a conviction altogether. This can be a crucial aspect of the legal process, as a conviction for a DUI can have severe consequences for non-citizens, including mandatory deportation.
Representation in Court
A DUI lawyer represents their client in court, and will work to achieve the best possible outcome in their case. They help present evidence and make arguments on behalf of their client, and work to mitigate the potential penalties of a conviction. This can include arguing for a reduced sentence, or for alternative forms of punishment such as probation or community service.
Protecting Non-Citizen’s Rights
A DUI lawyer works with expertise and experience to protect their client’s rights throughout the legal process. This includes ensuring that their client’s rights are not violated during their arrest, and that they are not subject to discrimination or mistreatment in the criminal justice system. Additionally, a DUI lawyer strives to ensure that their client’s rights are protected in the event of deportation proceedings.
In a nutshell, hiring a DUI lawyer is crucial for non-citizens who are facing DUI charges. An experienced DUI lawyer is capable of navigating the legal system, negotiating a plea bargain, representing their client in court, and protecting their rights throughout the legal process. With the right legal representation, non-citizens can work to achieve a favorable outcome in their case and avoid the risk of deportation.
Conclusion
In conclusion, a DUI conviction can have severe consequences, including the possibility of deportation for non-citizens. It is crucial for non-citizens to be aware of the potential penalties of a DUI conviction and to hire an experienced DUI lawyer to protect their rights and minimize the potential penalties. A DUI lawyer can help to navigate the legal system, negotiate a plea bargain, represent the client in court, and protect their rights throughout the legal process. With the right legal representation, non-citizens can work to achieve a favorable outcome in their case and avoid the risk of deportation. It is important for non-citizens to seek legal representation as soon as possible in order to protect their rights and minimize the potential consequences of a DUI conviction
