Happy Monday everyone!  As we start another week here at Ariano and Reppucci, PLLC we will continue talking about illegal activity and their immigration consequences.  Today in our society driving under the influence (DUI) of either alcohol or drugs has become an all too common occurrence.  While I will state that the immigration consequences are relatively minor, I have a feeling that those immigration consequences will increase in the next few years.  Below you will find the current immigration consequences as they stand today.

Driving or actual physical control while under the influence, ARS § 28-1381 does not constitute a Crime of Moral Turpitude (CMT).   Nor under current law, a simple DUI will not be considered an aggravated felony as a crime of violence, even if a sentence of 365 days or more is imposed, because it can be committed with a mere negligence mens rea.  However, some representatives are actively seeking to expand the definition of crime of violence at 18 USC § 16 to include negligent acts that pose a threat of risk to others.

If convicted of a simple DUI your criminal attorney should obtain a sentence of 364 days or less for any single count to help protect you against any future changes to the Immigration treatment of DUIs.

One thing that you should be aware of is that being a current alcoholic could render you inadmissible to the United States.  Alcoholism is classed as a mental disorder that poses a threat to self or others.  8 USC §1182(a)(1)(A)(ii).  Being a “habitual drunkard” is a bar to establishing good moral character, necessary for naturalization to U.S. citizenship, cancellation for non-permanent residents, VAWA and some other applications. 8 USC § 1101(f)(1).    Therefore, multiple DUIs, which in and of themselves could not render you deportable,  together they may give enough proof to render you an alcoholic.

If you are convicted of a DUI and you have immigration issues please do not hesitate to contact the immigration lawyers at Ariano & Reppucci, PLLC who can both assist your criminal attorney and you minimize any immigration consequences from your criminal convictions.  To set up an appointment call 602-515-0841.