Can I Be Deported for a DUI?

Miami is infamous for its large population of immigrants who come from places such as Cuba, Central America, and South America. With so many immigrants living in Miami-Dade County, it’s understandable why many Miami residents are concerned about the immigration consequences.

Florida has some of the toughest laws in the nation, and DUI is no exception. The consequences of a DUI conviction can be even more severe for someone who has U.S. permanent resident status, or someone who is in the U.S. illegally.

What DUI Stands For

DUI refers to driving under the influence of alcohol or drugs, whether they are legal or illegal. The facts surrounding each DUI case can be very different. While a simple DUI may involve less than .015% blood alcohol content (BAC), and no accidents or injuries, many DUIs involve accidents, reckless driving, bodily injuries and other aggravating factors that can lead to a felony conviction.

Multiple DUI convictions, child endangerment, DUI with injury and DUI manslaughter – these are all aggravating factors that will be weighed by the immigration authorities when deciding whether a conviction will be grounds for deportation.

I have a green card. Can I be deported?

Unfortunately, yes you can; having a green card does not preclude you from removal proceedings. If you are convicted of DUI, you could be subjected to removal proceedings. In that case, an immigration judge will determine if your offense is included under the grounds of deportability.

An immigration judge could rule against you, and your green card can be taken away. You would then be removed from the U.S. and barred from reentering for several years. In regards to a DUI, the following could subject a green card holder to deportation:

• A conviction for an aggravated felony
• Committing a crime of moral turpitude within five years of admission
• A violent crime conviction
• Two different crimes of moral turpitude
• An offense that involves a controlled substance (drugs)

The outcome of your case will depend on your individual circumstances and any previous criminal convictions. Even if you are not deported, if you leave the U.S., your DUI can present another set of problems under the laws addressing the “grounds of inadmissibility,” which could bar you from reentering the U.S. when applying for a green card or U.S. visa.
If you’re a non-U.S. citizen facing DUI charges, please don’t attempt to handle your case on your own. As an experienced Miami DUI defense attorney, I can explain the immigration consequences of a DUI and provide you with a hard-hitting defense. Call now for a free case evaluation!

What Symptoms and Behaviors is the Officer Looking for During the Initial Detention at the Scene?

When you get pulled over on suspicion of drunk driving, it is only safe to assume that the police officer is looking for certain red flags that might indicate intoxication. What most drivers don’t know is that the search for these indicators starts even before the officer pulls you over.

In Florida, law enforcement is required to have “reasonable suspicion” in order to pull a driver over. This means that they must have a valid, legal reason for stopping you, otherwise it may be considered an illegal stop resulting in suppression of all evidence. When police suspect drunk driving, there are several tell-tale indicators that may give them cause to pull you over. These include weaving between lanes, braking inconsistently, and ignoring traffic signs. Once you have been pulled over, however, there is a whole new set of factors in play.

Red Flags that May Point to Driver Intoxication

The moment you get pulled over, the officer begins evaluating your behavior and speech for any hint of intoxication. Being aware of this can protect you from unnecessarily incriminating yourself and possibly getting arrested.

The following things may cause an officer to test you for intoxication:

• Alcohol on your breath
• Whether you respond incoherently or with hostility
• Clumsiness and poor reflexes
• Speaking too slowly or too rapidly
• Flushed cheeks
• Bloodshot eyes
• Slurred speech

At this point, the officer will likely ask you to perform field sobriety tests. Even if you haven’t been drinking, you should always politely decline the officer’s request. Field sobriety tests are optional and highly subjective. Far too many individuals have been wrongly charged with DUI because of a ‘failed’ field sobriety test.

If you refuse, there is a good chance that you’ll be asked to take a breath test. This test evaluates your blood alcohol content (BAC) and is not optional – refusing can lead to harsh penalties. Even if you blow over the legal limit, however, it is important to remember that this does not automatically equal a conviction. Strong legal representation can work in your favor to reduce or dismiss charges altogether.

Don’t wait to retain a Miami DUI attorney if you are facing DUI charges. My firm would be happy to review your case and advocate for you in court. Get in touch with my firm today for your free consultation!