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⚠️ Non-citizen arrested for DUI? Pending H.R. 875 could make any DUI — even a misdemeanor — grounds for automatic deportation. Your immigration status is at immediate risk. Call David Chesley now — (800) 755-5174
One DUI Conviction Can End Your Life in America
You came to this country legally. You followed the rules, renewed your visa, maintained your status, built a career, started a family. You may hold a green card. You may be on an H-1B, F-1, or other nonimmigrant visa. You may be applying for citizenship. And now you have been arrested for DUI.
This is not just a criminal case. This is an immigration crisis. Under current law, a simple DUI conviction can trigger visa revocation, green card denial, deportation proceedings, or permanent inadmissibility to the United States. Under pending federal legislation (H.R. 875, the "Protect Our Communities from DUIs Act"), which passed the House of Representatives in June 2025 and remains pending in the Senate as of February 2026, any DUI conviction — even a first-offense misdemeanor — would become an automatic ground for deportation and inadmissibility for all non-citizens, including green card holders. If enacted, a single DUI conviction could result in mandatory removal with no opportunity for relief.
You cannot afford to treat this as an ordinary DUI case. The criminal penalties — jail time, fines, probation — are temporary. Deportation is permanent. Inadmissibility means you can never return. And the decisions you make in the next few days — whether to plead guilty, what charge to accept, how to handle the DMV hearing — will determine whether you remain in the United States or lose everything you have built here.
David Chesley has defended non-citizens facing DUI charges across California for decades. He understands what is at stake when your immigration status depends on the outcome of a DUI case. He knows how immigration law treats DUI convictions, what charge reductions protect your status, and how to coordinate criminal defense strategy with immigration consequences to give you the best chance of remaining in this country.
Call Now — (800) 755-5174 | Free, Confidential Consultation
The Threat You Face: Current Law and Pending Legislation
Under current immigration law, a simple first-offense DUI is not automatically a deportable offense or a ground of inadmissibility. However, DUI convictions can trigger severe immigration consequences under specific circumstances, and those circumstances are broader than most people realize.
Under pending federal legislation (H.R. 875), the rules change completely. If this bill becomes law:
- Any DUI conviction — misdemeanor or felony — will make you deportable (removable from the United States).
- Any DUI conviction or admission to driving while intoxicated will make you inadmissible (barred from entering or remaining in the United States).
- This applies to all non-citizens: green card holders, visa holders, DACA recipients, asylum applicants, and undocumented immigrants.
- There is no exception for first offenses, no exception for low BAC, no exception for lack of injury.
- Past DUI convictions may be affected retroactively (exact scope unclear).
- An admission to driving while intoxicated — even without an arrest or conviction — can make you inadmissible.
H.R. 875 passed the House 246-160 on June 26, 2025. A companion bill has been introduced in the Senate with bipartisan support. Immigration attorneys across the country are monitoring its progress closely. If enacted, it would represent the single largest expansion of deportation grounds in decades, affecting hundreds of thousands of non-citizens currently living in the United States with DUI records.
This means that if you are arrested for DUI today, the outcome of your case may determine whether you can remain in the United States at all — not just for the next few months, but permanently.
How DUI Affects Immigration Status Under Current Law
Even before H.R. 875, DUI convictions carry serious immigration consequences. Whether a DUI conviction makes you deportable or inadmissible depends on the specific facts of your case and your immigration status.
Deportability (Removal from the United States)
Under current law, a simple first-offense DUI is not a deportable offense by itself. The Immigration and Nationality Act (INA) does not list DUI as a ground of deportability, and courts have repeatedly held that ordinary DUI — driving with a 0.08% BAC or higher under Vehicle Code § 23152(a) or (b) — is not an "aggravated felony" or a "crime involving moral turpitude" that would trigger deportation.
However, a DUI conviction can make you deportable if:
- Aggravating factors are present. DUI combined with injury to another person, a child in the vehicle, driving on a suspended license, or extremely high BAC can be classified as a crime involving moral turpitude (CIMT). If you are convicted of a CIMT within five years of entering the United States, and the crime carries a potential sentence of one year or more, you are deportable. If you are convicted of two or more CIMTs after admission (at any time), you are also deportable.
- The DUI involves drugs listed under the federal Controlled Substances Act. A DUI-drugs conviction where the drug is a federally controlled substance (marijuana, methamphetamine, cocaine, heroin, etc.) is a deportable controlled substance offense. Even though California has legalized marijuana, federal immigration law has not, and a DUI involving marijuana can result in deportation.
- Multiple DUI convictions accumulate. If you have been convicted of two or more crimes — whether DUIs or other offenses — and the total sentences imposed add up to five years or more, you become deportable even if none of the individual convictions would be deportable on their own. A fourth DUI in California is a felony punishable by up to three years in state prison. Combined with prior DUI sentences, this can easily exceed the five-year threshold.
- The DUI is classified as a felony DUI. Felony DUI — a fourth DUI within ten years, or a DUI causing injury under VC § 23153 — can be prosecuted as a felony with sentences of sixteen months, two years, or three years. Some Board of Immigration Appeals decisions have treated felony DUI as an aggravated felony or a crime of violence, resulting in mandatory deportation with no relief available.
- Watson murder (DUI murder) is charged. If you drive under the influence with implied malice and cause the death of another person, you can be charged with second-degree murder under People v. Watson. Murder is both an aggravated felony and a crime involving moral turpitude, making you both deportable and inadmissible with no possibility of waiver.
Inadmissibility (Barred from Entering the United States)
Inadmissibility affects non-citizens who travel outside the United States and attempt to return, or who apply for a green card, visa, adjustment of status, or naturalization. A DUI conviction can make you inadmissible if:
- You are convicted of a crime involving moral turpitude. As explained above, a DUI with aggravating factors (injury, child endangerment, driving on a suspended license, refusal, extremely high BAC) can be classified as a CIMT. A single CIMT conviction makes you inadmissible unless you qualify for the "petty offense exception": the crime carries a maximum sentence of one year or less, and you were sentenced to less than six months. Many DUI convictions fall within this exception, but if you were sentenced to six months or more, or if the offense is a wobbler that could have been charged as a felony, you do not qualify.
- You have two or more criminal convictions with a total sentence of five years or more. Even if the individual crimes are not CIMTs, if the total sentences imposed for all your convictions equal or exceed five years, you are inadmissible. This is the same five-year rule that applies to deportability.
- You have been convicted of a controlled substance offense. DUI-drugs involving a federally listed controlled substance makes you inadmissible. This includes marijuana, even though it is legal in California.
- You admit to drug use. Even without a conviction, if you admit to using a controlled substance — including marijuana — you can be found inadmissible on the basis of that admission alone. This can happen during Customs and Border Protection (CBP) interviews when you attempt to reenter the United States.
- You are found to have a drug or alcohol addiction. Immigration law treats drug or alcohol addiction as a medical ground of inadmissibility. Multiple DUI convictions can be used as evidence of alcoholism, which immigration authorities may classify as a "Class A" medical condition rendering you inadmissible.
Good Moral Character and Naturalization
If you are applying for U.S. citizenship, you must demonstrate "good moral character" for the five-year period immediately preceding your naturalization application (or three years if applying based on marriage to a U.S. citizen). A DUI conviction during this period can prevent you from establishing good moral character.
A single DUI conviction does not automatically disqualify you from naturalization, but it is a significant negative factor. USCIS will consider the facts of the case, whether you completed all court-ordered requirements, and whether you have shown rehabilitation.
Multiple DUI convictions during the statutory period create a presumption that you lack good moral character. USCIS may determine that you are a "habitual drunkard," which is a statutory bar to good moral character under the Immigration and Nationality Act. Two or more DUIs in the five-year period preceding your application will almost certainly result in denial.
A DUI conviction can delay naturalization by five years. If you are denied citizenship based on lack of good moral character, you must wait until the DUI conviction is more than five years old before reapplying. This effectively puts your path to citizenship on hold indefinitely.
How Immigration Status Affects Your Risk
The consequences of a DUI conviction depend heavily on your current immigration status.
- Green card holders (lawful permanent residents): You have the lowest risk of immediate deportation from a single DUI, but you are still at risk. A simple first-offense DUI will not trigger deportation by itself, but aggravating factors (injury, child endangerment, drugs, high BAC) can. If you travel outside the United States and return, CBP will run your fingerprints and discover the conviction, and you may be placed in removal proceedings at the port of entry. Applying for citizenship with a DUI on your record will delay or prevent naturalization.
- H-1B, F-1, and other nonimmigrant visa holders: You face high risk of visa revocation. Under State Department policy, a DUI arrest alone — even without a conviction — can trigger "prudential revocation" of your visa based on concern about substance abuse affecting public safety. If your visa is revoked, you lose your legal status immediately. If you travel outside the United States after a DUI conviction, you may be denied reentry even if your visa was not formally revoked, because the conviction makes you inadmissible.
- DACA recipients: A DUI conviction is classified as a "significant misdemeanor" under DACA policy, which makes you ineligible for DACA renewal. A single DUI conviction will result in denial of your DACA application and loss of work authorization and deportation protection. Some DACA recipients have been able to renew after a wet reckless conviction (VC § 23103.5), but this is discretionary and not guaranteed.
- Undocumented immigrants: A DUI arrest brings you to the attention of law enforcement, which increases the likelihood that you will be referred to Immigration and Customs Enforcement (ICE) for removal proceedings. The DUI itself is not the basis for deportation — unlawful presence is — but the arrest creates the contact with authorities that leads to detention and removal. In jurisdictions that cooperate with ICE, a DUI arrest can result in immediate transfer to immigration custody.
- Asylum applicants and adjustment of status applicants: A DUI conviction during the pendency of your application can result in denial. Immigration authorities evaluate your conduct during the application period, and a DUI demonstrates lack of good moral character and disregard for U.S. laws. Even if the conviction does not make you deportable, it can destroy your application for relief.
Charge Reductions and Immigration Consequences
The charge you are convicted of matters enormously for immigration purposes. A DUI conviction and a reckless driving conviction have completely different immigration consequences, even though the underlying conduct is the same.
- Dry reckless (VC § 23103) — Best outcome for immigration purposes. Dry reckless is reckless driving with no mention of alcohol or drugs. It is not a DUI-related offense and does not trigger immigration consequences. It is not a crime involving moral turpitude, not a controlled substance offense, and not evidence of substance abuse. For non-citizens, a reduction to dry reckless is the best possible outcome short of dismissal.
- Wet reckless (VC § 23103.5) — Better than DUI, but still risky. Wet reckless is reckless driving with an alcohol enhancement. It is alcohol-related, which means it can still raise immigration concerns. However, it is generally not classified as a crime involving moral turpitude by itself (unless there are aggravating factors), and it may allow you to avoid the "significant misdemeanor" bar for DACA. Wet reckless is better than a DUI conviction for immigration purposes, but it is not a clean slate. Some immigration authorities treat wet reckless similarly to DUI when evaluating good moral character or substance abuse concerns.
- Exhibition of speed (VC § 23109) or other non-alcohol offenses — Also favorable for immigration purposes, as they do not involve alcohol or drugs and are not classified as CIMTs or controlled substance offenses.
- DUI conviction (VC § 23152(a) or (b)) — High risk. A straight DUI conviction carries all the immigration risks described above: potential CIMT classification with aggravating factors, evidence of substance abuse, bar to good moral character, significant misdemeanor for DACA, and — if H.R. 875 becomes law — automatic deportability and inadmissibility.
This is why an attorney who understands immigration consequences is critical. A criminal defense attorney who does not understand immigration law may recommend a wet reckless plea because it is "better than a DUI." But for a non-citizen facing visa revocation or removal, the difference between wet reckless and dry reckless can be the difference between remaining in the United States and permanent exile.
What You Must Do Immediately
If you are a non-citizen arrested for DUI in California, you have decisions to make within days that will determine the rest of your life.
- Do not plead guilty without consulting an immigration attorney. Most criminal defense attorneys do not understand immigration law. They may tell you that a wet reckless is a "good deal" without realizing that it still triggers immigration consequences. Before you accept any plea agreement, you must consult with an attorney who understands both criminal defense and immigration law.
- Do not admit to drug or alcohol use. During the DUI arrest, the DMV hearing, or any interaction with law enforcement or immigration authorities, do not admit to using drugs or alcohol beyond what is required by law. An admission to drug use — even marijuana — can make you inadmissible to the United States even without a conviction.
- Request a DMV hearing within 10 days. The DMV administrative hearing operates separately from the criminal case and has different consequences. Winning the DMV hearing can prevent an automatic license suspension and preserve your ability to drive while the case is pending. More importantly, the DMV hearing is an opportunity to challenge the evidence before it becomes part of your permanent record.
- Do not travel outside the United States while the case is pending. If you are on a nonimmigrant visa and you travel outside the United States after a DUI arrest, your visa may be revoked at the U.S. consulate and you may be denied reentry. If you are a green card holder and you travel after a DUI conviction, you may be placed in removal proceedings when you attempt to return. Stay in the United States until the case is resolved and you have consulted with an immigration attorney about the consequences of travel.
- Fight for a dismissal or a charge reduction to dry reckless. The goal is not just to minimize the criminal penalties. The goal is to avoid a DUI conviction that will trigger immigration consequences. This requires challenging the traffic stop, the field sobriety tests, the breathalyzer or blood test, and every other element of the prosecution's case. If the evidence cannot support a DUI conviction, negotiate for a dry reckless or other non-alcohol offense. If the evidence is weak, take the case to trial.
- Document rehabilitation and compliance. If you cannot avoid a conviction, demonstrate to immigration authorities that you have taken responsibility: complete DUI school voluntarily, attend AA or other counseling, obtain letters of support from employers and community members, comply with all court orders. Immigration judges and USCIS officers have discretion, and evidence of rehabilitation can influence whether they exercise that discretion in your favor.
Frequently Asked Questions About DUI and Immigration
Will I be deported for a first-offense DUI?
Under current law, probably not — unless there are aggravating factors (injury, child endangerment, drugs, high BAC, driving on a suspended license). A simple first-offense DUI is not a deportable offense by itself. However, if H.R. 875 becomes law, any DUI conviction will result in mandatory deportation for all non-citizens, including green card holders.
Can I be deported even if my DUI case is dismissed?
If the criminal case is dismissed, you cannot be deported based on that DUI. However, if you are undocumented or in violation of your visa terms, the arrest itself may bring you to the attention of ICE, which can initiate removal proceedings based on unlawful presence or visa violations — not the DUI.
Will a DUI prevent me from getting a green card?
It depends on the facts. A simple DUI without aggravating factors may not prevent you from obtaining a green card, particularly if it is your only conviction and you completed all court requirements. However, multiple DUIs, a DUI with aggravating factors, or a DUI classified as a crime involving moral turpitude can make you inadmissible and result in denial of your green card application.
Can I still become a U.S. citizen if I have a DUI?
Possibly, but it will delay your application. If the DUI occurred within the five-year period preceding your naturalization application, you will have difficulty establishing good moral character. You may need to wait until the conviction is more than five years old before applying. Multiple DUIs create a presumption that you are a "habitual drunkard," which is a permanent bar to good moral character.
What happens if I travel outside the United States after a DUI conviction?
If you are a green card holder and you travel outside the United States after a DUI conviction, you may be placed in removal proceedings when you attempt to return. CBP will run your fingerprints, discover the conviction, and determine whether it makes you inadmissible. If you are on a nonimmigrant visa, your visa may be revoked and you may be denied reentry.
Does expungement help with immigration consequences?
No. Expungement under California Penal Code § 1203.4 has no effect on immigration consequences. Immigration law does not recognize state expungement. A DUI conviction that has been expunged is still treated as a conviction for immigration purposes. You must disclose expunged convictions on immigration applications.
Is a wet reckless better than a DUI for immigration purposes?
Yes, but it is not a clean slate. A wet reckless is generally better than a DUI conviction because it is less likely to be classified as a crime involving moral turpitude and may allow you to avoid the DACA "significant misdemeanor" bar. However, wet reckless is still alcohol-related and can raise substance abuse concerns. For immigration purposes, a dry reckless (VC § 23103) is far better than a wet reckless.
What if H.R. 875 becomes law after I am convicted?
It is unclear whether H.R. 875 will apply retroactively to past DUI convictions. The bill's language suggests it could affect anyone with a DUI conviction on their record, regardless of when it occurred. If you are a non-citizen with a past DUI conviction, consult an immigration attorney immediately to understand your risk if this bill becomes law.
Your Life in America Depends on the Next Decision You Make
You came to this country for opportunity. You worked hard, followed the rules, contributed to your community. A DUI arrest threatens to take all of that away — not because of the criminal penalties, but because of the immigration consequences that most criminal defense attorneys do not understand and cannot protect you from.
This is not a case where you can plead guilty, pay the fine, and move on. This is a case where the wrong plea agreement can result in deportation, permanent inadmissibility, denial of citizenship, or loss of your visa. The decisions you make in the next few days will determine whether you remain in the United States or lose everything.
David Chesley has defended non-citizens facing DUI charges across California for decades. He understands how immigration law treats DUI convictions. He knows what charge reductions protect your status, what defenses challenge DUI evidence, and how to coordinate criminal defense strategy with immigration consequences. He has kept clients in this country who other attorneys told would be deported. And he knows that for a non-citizen arrested for DUI, there is no margin for error.
The consultation is free. Your future in America is at stake.
Call Now for a Free Consultation — (800) 755-5174 Available 24 hours a day, 7 days a week calllog@chesleylawyers.com
The Law Office of David Chesley — When the Stakes Are Your Freedom, Experience Is Everything.
This page provides general information about how DUI arrests and convictions affect immigration status and is not legal advice. Immigration law is complex and changes frequently. H.R. 875 is pending legislation as of February 2026 and is not yet law. Outcomes depend on specific facts, immigration status, and applicable law. No result is guaranteed. Consult a licensed California attorney and an immigration attorney about your specific situation. © Law Office of David Chesley, Inc.
