If you are a lawful permanent resident, your green card demonstrates that
you are allowed to live and work in the United States permanently, however,
you are still not a U.S. citizen. Meaning, even though you are a permanent
resident, you can still be deported or “removed” if you commit
Can you be deported because of a
DWI? In some cases – yes. But, your green card won’t be revoked
automatically after a DWI, first you would have to go to
immigration court and participate in the court’s removal proceedings.
At court, you want an attorney present, preferably one who is well-versed
in both deportation and criminal defense. At court, your lawyer would
defend you in front of an immigration judge, who would decide whether
your green card should be revoked and if you should be deported.
Texas DWIs and Deportation
Generally, if it’s an immigrant’s first DWI offense, it won’t
subject them to deportation. But that’s only if it’s a simple
first DWI with no aggravating factors. For example, if your blood alcohol
concentration (BAC) was .09% and there was no accident, and it was your
first offense, you probably would not be deported.
Still though, a DWI can subject a green card holder to deportation. It
all depends upon whether there were aggravating factors present, such as:
The DWI was
- The immigrant was driving on a suspended or revoked license
- There was a child under 15 years old in the car
- The DWI involved bodily injury or death
- It was the driver’s third DWI offense (third DWI is a felony)
- The immigrant was previously convicted of a crime of moral turpitude
If you were arrested for DWI and any of the above factors were present,
you could be facing deportation. As a general rule, if your DWI was a
felony, or if you have been convicted of felonies in the past, or if your
DWI involved a controlled substance (drugs), you may have a deportability problem.
Usually, a DWI is a felony if someone was injured or killed, or if it’s
the driver’s third or subsequent DWI offense. In Texas, a
DWI accident involving injury is prosecuted as
intoxication assault, and if someone was killed, it’s prosecuted as
intoxication manslaughter, both of which can lead to deportation.
If the DWI was a bad enough incident, it’s not unheard of for USCIS
to consider the immigrant for deportation.
If you are facing DWI charges and are concerned about deportation,
contact The Zendeh Del Law Firm, PLLC for the high-caliber legal representation
you need and deserve!