Can an Alcohol DUI Get You Deported?

By: Priscila Janjua

Here is the short answer: under current law, a simple alcohol related DUI conviction is not by itself a ground for deportation. This is true for refugees, green card holders, and most other non-citizens. But a DUI can still cause serious immigration problems, and a new bill in Congress could change the law completely.

Quick definitions:

“DUI” means driving under the influence of alcohol or drugs.

“Deportation” (the legal word is “removal”) means the government orders you to leave the United States.

Is an alcohol related DUI a Deportable Offense?

No. A simple DUI for drunk driving, with no injury, no drugs, and no child in the car, does not fit any of the crime categories that make a non-citizen with legal status in the United States deportable. Congress wrote a specific list of deportable crimes in the Immigration and Nationality Act (the U.S. immigration law statutes), at 8 U.S.C. § 1227(a)(2). A simple DUI is not on that list.

The courts have confirmed this. The U.S. Supreme Court ruled 9–0 that a DUI is not a “crime of violence,” so it is not an “aggravated felony” under immigration law. Leocal v. Ashcroft, 543 U.S. 1 (2004). The immigration courts have also ruled that a DUI is not a “crime involving moral turpitude.” This is a legal phrase that means a crime showing bad moral character, like fraud or violence. This is true even when a person has more than one DUI. Matter of Torres-Varela, 23 I&N Dec. 78 (BIA 2001).

Key point: A simple DUI conviction, on its own, is not a legal reason to deport a refugee or a green card holder under current law.

The Flashlight: Why DUIs Still Lead to Deportation

If a DUI is not a deportable crime, why do so many people get deported after a DUI arrest? Because a DUI arrest works like a flashlight. The DUI itself isn’t the legal reason for deportation, but it shines a light on the individual, and immigration officers then review the whole record.

Here is how it happens:

1. Arrest. When police book an individual into jail, they take their fingerprints.
2. Automatic sharing. Those fingerprints are automatically shared with the Department of Homeland Security (DHS), the federal agency in charge of immigration.
3. File review. Immigration officers now know where you are. They may now choose to pull your full immigration and criminal history.
4. The real charge. If ICE finds another problem, it can start a deportation case based on that problem rather than the DUI. That problem might be an older conviction that slipped through the cracks and makes the person deportable, an expired visa, a missing immigration filing, or being in the country without legal status.

The numbers show how often this flashlight gets used. According to the Centers for Disease Control and Prevention (“CDC”), hundreds of thousands are arrested in the United States each year for driving under the influence. A DUI is also one of the most common offenses among people arrested by ICE (Immigration and Customs Enforcement). In fiscal year 2019, DUI was the largest criminal category ICE reported. Its arrests that year involved more than 74,000 DUI convictions and pending charges. The DUI itself, however, did not make those people deportable. It made them visible.

When Can a DUI Actually Cause Deportation?

There are four main situations where a DUI can become a deportable offense under current law. Each one adds something extra to the simple DUI:

1. DUI involving drugs. A DUI based on a federally controlled substance can be charged under the drug ground of deportability, 8 U.S.C. § 1227(a)(2)(B).
2. DUI with a child in the car. In some states, this charge can count as a “crime of child abuse” under immigration law.
3. DUI causing death or serious injury. If the state charges a crime that requires recklessness or intent, it may count as a crime involving moral turpitude.
4. DUI combined with knowingly driving on a suspended license as one single crime. The immigration courts found this combined offense showed enough bad intent to be a crime involving moral turpitude. Matter of Lopez-Meza, 22 I&N Dec. 1188 (BIA 1999).

These details matter, and they are exactly why a non-citizen should never accept a plea deal in a DUI case without immigration advice first.

When the person was already deportable:

For someone without legal status, the DUI is not what makes them deportable. They were already removable. But the DUI can still decide how the case ends. A DUI can keep someone detained. The Board of Immigration Appeals has held that a DUI is a significant factor weighing against release on bond in immigration court. Matter of Siniauskas, 27 I&N Dec. 207 (BIA 2018).

A DUI can also block the relief that would let someone stay. Many forms of relief, including cancellation of removal, require the person to show “good moral character.” Two or more DUI convictions during that period create a presumption that the person lacks it. Matter of Castillo-Perez, 27 I&N Dec. 664 (A.G. 2019). For DACA, any DUI is a “significant misdemeanor” that disqualifies the applicant.

Does a DUI Affect My Status? Refugees, Green Card Holders, and More.

Different immigration statuses face different risks from the same DUI. Here is a plain-language summary:

Refugees →

A refugee cannot lose refugee status because of a DUI. The law only allows the government to end refugee status if the person was never really a refugee when they arrived. 8 U.S.C. § 1157(c)(4). That does not mean a refugee is safe from deportation. If the DUI brings an older deportable conviction to light, the government can place the refugee in removal proceedings without ending their refugee status first. Matter of D-K-, 25 I&N Dec. 761 (BIA 2012). In immigration court, a refugee has strong defenses. One of the most important is applying for a green card as a form of relief. Refugee status gives defenses. It does not give immunity.

Green card holders (lawful permanent residents) →

A simple DUI does not make a green card holder deportable. But two or more DUIs create a presumption that the person lacks “good moral character.” Many people assume they are fine because a simple DUI is not a “crime involving moral turpitude.” But that is a different legal test from “good moral character.” Good moral character is required for U.S. citizenship, and two or more DUI convictions create a presumption that the person lacks it Matter of Castillo-Perez, 27 I&N Dec. 664 (A.G. 2019). Citizenship is not automatic just because you have a green card. The immigration officer looks at your history as a whole, good and bad, and can deny the application. A pattern of DUIs, missed court dates, or unfinished probation weighs heavily against you. A single DUI can still raise questions. Multiple DUIs can delay or block citizenship for years. Travel can also carry risk. A green card holder returning from a trip abroad is normally not treated as a new arrival. That changes if the person has certain criminal offenses on their record. A DUI that falls into one of the exceptions above, such as a drug-related DUI, can lead to questioning at the border, a refusal of entry, or a removal case.

Visa holders (students, workers, visitors) →

Here the rule is surprisingly harsh. The State Department can revoke a visa after a DUI arrest alone, even before a conviction. This is called a “prudential revocation.” A revoked visa usually does not end your legal status. You can generally stay and keep studying or working. The problem comes when you leave. You cannot use the revoked visa to return, and many people do not find out until they try. Getting a new visa means applying again abroad, usually with a medical exam focused on alcohol use. That can take months. If you hold a visa and are arrested for DUI, talk to an immigration attorney before you travel.

DACA and TPS holders →

For DACA (Deferred Action for Childhood Arrivals), a single DUI counts as a “significant misdemeanor” and disqualifies the applicant. For TPS (Temporary Protected Status), two misdemeanor convictions of any kind, including DUIs, make a person ineligible. 8 U.S.C. § 1254a(c)(2)(B).

Undocumented persons →

As mentioned above, for a person with no legal status, the DUI analysis almost does not matter. The arrest itself creates the danger: the fingerprint match reveals the person’s presence, and removability already exists, so ICE now knows where to find the undocumented person.

The New Bill: Congress May Make Every DUI a Deportable Offense

Everything above describes current law. Congress is now considering a major change. The “Protect Our Communities from DUIs Act” (H.R. 875) would make any DUI conviction (even a single misdemeanor) a ground for both deportation and inadmissibility (being refused a green card or entry to the country).

The House of Representatives passed the bill 246–160 in June 2025. As of this writing, it is pending in the Senate, and the White House supports it. A companion Senate bill (S. 2553) has also been introduced.

If the bill becomes law, three things could change for non-citizens:

1. Old DUIs may count. The bill covers people who “have been convicted” of DUI, which is language that reaches convictions from years ago, not just new ones.
2. Misdemeanors count. The bill does not require a felony. A single misdemeanor DUI would be enough.
3. Even admissions count. The bill also covers people who “admit committing” a DUI offense, even without a conviction.

What this means for you: If you are a non-citizen with any DUI on your record, the safest time to deal with your immigration situation is now, before the law changes.

Conclusion

If you are not a U.S. citizen and you have been arrested for driving under the influence of alcohol, our immigration and criminal team can review your situation before you make any decision in your criminal case. Contact our office today at 701-297-2890 or email us at info@swlattorneys.com.

The information contained in this article and on this website is for informational purposes only. Do not rely on the information on this website as legal advice. Please refer to the full disclaimer here.