Because driving while intoxicated (DWI) is a traffic offense in New Jersey rather than a criminal one, most immigrants will not be deported for a basic, first-time DWI offense. However, there are cases where being found guilty of drunk driving in New Jersey could get you deported if you are not a U.S. citizen.
Aggravated felonies and crimes of moral turpitude, which involve dishonesty or violate society’s moral standards, are grounds for deportation under federal law – and they can include drunk driving. Recent news supports that ICE considers DWI a serious offense because of the risk of fatal accidents.
If you or a loved one is an immigrant who has been arrested for DWI in New Jersey, you need to engage a defense attorney who is experienced with not just New Jersey drunk driving arrests but also federal crimes and preventing deportation. You should contact the Law Offices of Jonathan F. Marshall as soon as possible.
Defending clients charged with driving while impaired is a core focus of our legal practice at the Law Offices of Jonathan F. Marshall. We’ve established a dedicated DWI department staffed with highly experienced attorneys committed to giving clients the best possible defense. We leverage advanced training and a deep familiarity with the intricacies of NJ DWI laws.
Our legal team also has vast experience with U.S. immigration laws and the immigration court system. We will defend your rights and attempt to minimize any unavoidable potential consequences of a DUI conviction.
When Can I Get Deported for a DUI?
You can be facing serious consequences after a DUI arrest in New Jersey – and in the worst cases, they could affect your immigration status. Someone who is not a citizen of the United States could face deportation for convictions of:
- A crime of moral turpitude committed within five years of entering the U.S. with a potential prison sentence of one year or longer
- Two or more crimes of moral turpitude at any time after entering the U.S.
- An aggravated felony, including any violent crime with a sentence of at least a year
- Various other offenses, such as drug crimes, firearm offenses, and crimes related to domestic violence
While drunk driving in New Jersey is treated as a traffic offense, federal Immigration law can consider a DWI conviction to be a crime involving moral turpitude in certain cases. The U.S. Code does not define “moral turpitude,” but case law has characterized it as “conduct that shocks the public conscience.” Any significant crime might be considered a crime of moral turpitude.
A DUI offense in New Jersey does not usually get charged as an aggravated felony or come with a sentence of a year or more. However, it could in certain circumstances, such as when the defendant caused an accident resulting in injury or death.
What If a DWI Isn’t a Crime of Moral Turpitude or an Aggravated Felony?
In most cases, a basic DWI charge in New Jersey shouldn’t result in deportation. However, an immigrant may be convicted of additional charges or have aggravating factors that do make them deportable. For example, law enforcement may pull over an immigrant for DWI, find drugs in their car, and charge them with possession of a controlled substance.
A defense attorney experienced with NJ DWIs and in New Jersey federal courts can work to have improper add-on charges dismissed to avoid a deportation threat.
Could My Citizenship Application Be Denied Because of a DWI?
A DWI conviction stays on the defendant’s record and is available to officials conducting background checks as part of any future immigration or deportation proceedings. It could be used to argue against an immigrant’s moral character and deny their citizenship application. That argument could be used to deny renewal of status in the DACA or DAPA program or other humanitarian assistance.
Our attorneys would help a client in these hearings by presenting evidence of their good moral character, such as holding a job, going to school, or church membership, as reason to grant citizenship or continued protected status. We would also argue that a DWI arrest that did not lead to a conviction should not damage our client’s standing.
How Should I Plea to DWI Charges to Protect My Immigration Status?
Regardless of your immigration status, you are considered innocent of criminal charges against you until you are proven guilty by a court of law. You also have the right to a solid legal defense. You should plead not guilty to DWI charges in New Jersey unless your defense attorney advises otherwise.
For a criminal conviction of driving while intoxicated, prosecutors must prove each of the several elements of the crime of DWI beyond a reasonable doubt. As your attorneys, we would scrutinize the evidence against you and how the facts apply to each element to determine where and how to effectively attack the prosecution’s case. For example, we may challenge whether the traffic stop was legal or the testing was accurate. If a prosecutor cannot prove each element of a DWI/DUI charge, the charges should be dropped or a not guilty verdict should be handed down.
The sooner the experienced criminal defense attorneys of the Law Offices of Jonathan F. Marshall can get involved in your case, the better the opportunity to fight the DWI charges against you. There are many defenses to driving while intoxicated charges in New Jersey, and defendants can succeed in court with the right legal representation.
Call Our New Jersey DWI Defense Attorneys for Help
If you are an immigrant facing charges of driving under the influence anywhere in New Jersey, a DUI defense attorney from the Law Offices of Jonathan F. Marshall can protect your rights. Our skilled legal team can help you navigate the intersection of criminal charges and immigration law and pursue the best possible outcome for your case.
Contact the Law Offices of Jonathan F. Marshall at any of our locations across New Jersey as soon as possible for a free initial consultation.
