Scripps Pier in La Jolla California

Fighting a first DUI charge to avoid immigration consequences

On Behalf of | Apr 9, 2025 | Drunk Driving Charges |

Penalties for criminal charges tend to increase with each offense. Driving under the influence (DUI) charges lead to more serious consequences with each additional offense. The penalties are typically most lenient for a first-time DUI, and they increase with each subsequent charge. The jail time, fines and license penalties become more severe with each subsequent offense.

Anyone arrested for a DUI may need to think about their future vulnerability — not just the immediate penalties that they face. Many people choose to fight their first DUI charge to avoid future consequences.

For immigrants with visas or green cards, a first DUI may not have an immediate impact on their immigration status. However, if they don’t respond appropriately, they could be at risk in the event of a future arrest.

Repeat DUIs can affect an immigrant’s status

There are certain types of criminal activity that negatively impact immigration status. A single DUI offense is generally not enough to impact an immigrant’s status or put them at risk of removal from the country.

Repeat DUI offenses can be indicative of habitual issues with alcohol and could therefore have an impact on visa or green card eligibility. The United States Citizenship and Immigration Services (USCIS) has clear rules about addiction-related criminal activity.

Just as many drug offenses can endanger an immigrant’s status, so can repeat DUI convictions. It is therefore generally preferable for visa holders and permanent residents to respond assertively to even a first DUI charge.

Avoiding a first conviction protects an immigrant from the possibility of a second conviction that could endanger their status. Fighting DUI charges and learning more about what crimes affect immigration opportunities can be beneficial for people who want to protect their right to remain in the U.S.