(844) 815-9632

DUI conviction

DUI and Immigration Status

The last thing you want to do if you are applying for citizenship is get a DUI. Even if you're in the country legally on a visa or green card, immigration officials may deport you or downgrade your status on the basis of a criminal conviction, especially for a felony. Here's what you need to know about a how a DUI conviction could affect your immigration status. DUI and Deportation If you are a foreign national, a DUI might not necessarily lead to deportation. The U.S. Citizenship and Immigration Service (USCIS) generally considers a number of factors with regard to the penalties faced by an immigrant to the U.S., and deportation is generally reserved for aggravated felonies like battery, theft, filing a fraudulent tax return, and failure to appear in court. Of course, if your DUI is charged as a felony, you could run the risk of deportation. A DUI could become a felony if you have had prior DUI convictions, had an extremely elevated blood alcohol concentration, had children in the car, were driving on a suspended or revoked license, or caused death or injury in a car accident. Status Update Even if you do not get deported, your immigration status could be altered after a DUI conviction. If you're a legal permanent resident, you could be deported or detained during removal proceedings, or be barred from becoming a naturalized citizen in the future. Refugees and asylees could be deported after a criminal conviction, even if they would be in grave danger in their home country, and a conviction may result in the inability to obtain legal permanent resident status.Non-citizens with temporary lawful status (including individuals with nonimmigrant visas and those with temporary protected status) could lose that status and be removed from the country for any felony conviction or two or more misdemeanor convictions. And because undocumented immigrants are not authorized to be in the U.S., any criminal offense can result in deportation. In some legal proceedings, like immigration or deportation proceedings, even an expungement of a DUI may still be considered as proof of a prior conviction. To know for sure how a DUI will affect your immigration status, contact a local DUI attorney today. Related Resources: Don't face a DUI alone. Get your case reviewed by a lawyer for free now. (Consumer Injury) Can Your U.S. Citizenship Be Revoked? (FindLaw's Learn About the Law) Can a Guilty Plea Affect My Immigration Status? (FindLaw's Law and Daily Life) Which Crimes Can Get Legal Immigrants Deported? (FindLaw Blotter)
continue reading

What Can and Cannot Be Expunged From Your Criminal Record?

It's welcome news to many criminal defendants that they can have their record expunged. While expungement might not be perfect -- most law enforcement agencies will still be able to see your arrest history and any convictions -- it means potential employers will have a harder time seeing your mistakes. But which mistakes are eligible for expungement, and which will remain on your permanent record? General Information For the most part, expungement eligibility is determined by the severity of the crime and the person's criminal record. State law can vary, but expungement is normally available for crimes committed as a juvenile and most misdemeanors, so long as you don't have an extensive criminal history. Also, expungement is usually a one-time deal -- if you're convicted of crimes committed after expungement, those are likely to stay on your record. Arresting Information Just because you've been arrested doesn't mean you're guilty. But a record of your arrest may pop up on a background check. Luckily most states will expunge an arrest record, especially if there was no conviction. And expungement can be part of a negotiated plea bargain. Getting rid of that online mug shot, however, might be a tougher task. Conviction Information If you've been convicted of a crime, whether you can clear your record will come down to state and local rules on expungement. Some states allow you to expunge a DUI conviction, some do not. This can come up especially if you're trying to expunge an out-of-state conviction. And some states are more likely to expunge a conviction after a certain amount of time has passed. No matter where you live, however, felony convictions are very difficult, if not impossible, to get expunged. The main criteria for most expungement decisions is the severity and nature of the event for which expungement is sought. Felony convictions normally involve more serious crimes, making them harder to get off your record. The expungement process can be complicated, and it certainly helps to have an experienced criminal law attorney on your side. If you have questions about your criminal record or want to have it expunged, contact one today. Related Resources: Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory) The FindLaw Guide to Expungement (FindLaw PDF) Got Priors? How to Expunge Criminal Records (FindLaw Blotter) When Must You Disclose an Expungement? (FindLaw Blotter)
continue reading

How to Sleep It Off in Your Car Without Getting a DUI

No one wants to get a DUI. But sometimes we don't realize how intoxicated we are until sitting down behind the wheel. If you have that moment of clarity, can you just pull over and try and sleep it off? Or can you get charged with DUI, even if you weren't driving at the time? Take Extra Precautions for the Best Chance at Avoiding a DUI Even though you tried to do the right thing and not drive, you may have to take a few extra steps to make sure you hopefully don't get arrested. For the best chance at avoiding a DUI, make it clear that you're actually sleeping, and not taking a driving break.For example, don't sleep in the driver's seat; instead, move to the back seats or at least the passenger seat. Also, don't have your keys on your person. If you place the keys in the trunk, you may be in a better position to convince a police officer that you had no intention of driving. Out of Luck in Some States Unfortunately, "drinking and parking" may simply be illegal. While state DUI laws can vary, most states allow for DUI convictions so long as you are "in control of the vehicle." So the "D" in DUI stands for either "Driving" or "could possibly Drive." Courts have upheld DUI convictions for drivers asleep at the wheel with the car running, asleep across the front seat with their head near the passenger door, and asleep in the front seat with their keys in their pocket. How Do Courts Determine If You Have Been Driving? Whether you can be charged with DUI for trying to sleep it off will depend on the DUI laws in your state, but most courts look at a set of factors when trying to determine if you've been driving your car: The location of your vehicle (whether you're on or off the road) Your location (where in your vehicle you're sleeping) The location of the keys in your vehicle (whether they're in or out of the ignition) The operability of your vehicle (whether your vehicle could be driven) Obviously, the best option is not to get behind the wheel after drinking in the first place. And while it's commendable that you've decided driving while drunk is a bad idea, you may want to take extra precautions (like calling a friend or a cab) to make sure your good intentions aren't met with a DUI conviction. If your effort to sleep it off didn't work, or you otherwise have been charged with a DUI, you should contact an experienced DUI attorney near you.Editor's Note: This article has been updated on 7/14/15 to clarify the precautions that should be taken to avoid a DUI. Related Resources: Browse DUI / DWI Lawyers by Location (FindLaw Directory) Sleeping Man in Elf Suit Arrested for DWI (FindLaw Blotter) Not All DUI Arrests Are Legal: 5 Notable Cases (FindLaw Blotter) State-by-State DUI Penalties (FindLaw)
continue reading