Reader’s Question:

I have a friend here in Columbus, Georgia who is a foreigner and has been arrested for DUI. What would be the effects on his immigration status if he will be convicted? Will he be deported even though he is a green card holder?

June

Columbus, GA

DUI convictions have harsh effects on the immigration status of green card holders and legal aliens in the US. In some DUI cases, a conviction could even result to deportation. Even those who have been long-term permanent residents could be deported for DUI convictions. The US Citizenship and Immigration Services could determine if a DUI conviction is a crime involving moral turpitude and/or a crime of violence under current immigration laws. The result of your friend’s DUI in Columbus, Georgia could be deportation or inadmissibility to the US. A crime which involves moral turpitude is sufficient grounds for deportation or inadmissibility, a finding of bad moral character at a naturalization interview or denial of adjustment during the green card process.

In general, in order to involve moral turpitude, a crime should have an intent requirement. Georgia DUI laws define DUI as driving with a blood alcohol level at or above the legally permissible under law which is 0.08%. There would be no reference to intent, as a matter of fact, DUI would be a “general intent” crime. The simple fact of being drink would be enough.

Tags: blood alcohol content, drunk driving laws, DUI, DUI lawyer, immigrant DUI