A DUI conviction that is a Crime of Moral Turpitude can lead to inadmissibility or deportation for a non-U.S. citizen.

A DUI can be a “Crime of Moral Turpitude” (“CIMT”) if there were aggravating factors. Aggravating factors that can turn DUI into a CIMT involve, for example, reckless endangerment of a child in the car or driving on a suspended driver’s license. It can also be a CIMT if drugs were involved.

If you already have a criminal history, a subsequent DUI conviction can lead to deportation and cause you to be denied re-entry into the country.

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What are the immigration penalties of a DUI conviction?

If the DUI was a CIMT, it can lead to two distinct immigration consequences:

(1) it may prevent you from getting a green card (inadmissible), or 

(2) potentially lead to deportation.

Noncitizens can be deported if:

• their jail sentence is at least one year, and
• they were convicted within five years of being admitted to the U.S.

They can also be deported if:

• they are convicted for a different CIMT, and
• that conviction is distinct from the DUI.

Crime of Moral Turpitude

A “Crime of Moral Turpitude” (“CIMT”) is a technical term for a category of criminal offenses that can make a noncitizen deportable, inadmissible, and/or barred from relief, depending on a number of factors set out in the Immigration and Nationality Act.

A CIMT involves:

• dishonesty or fraud, or
• immoral conduct.

Generally, these offenses are intentional. They cannot be committed:

• accidentally,
• by mistake, or
• without understanding what was going on.

Having a conviction for a crime of moral turpitude on one’s record, or in some cases, even just admitting to the crime, can affect a person’s immigration status.

Elements of a Crime of Moral Turpitude

Many offenses come within the immigration category of CIMT. While the general definition of CIMT is notoriously vague, courts have held that offenses with any of the following elements involve moral turpitude: 

• Intent to defraud,
• Theft with intent to permanently or substantially deprive the owner; [theft with intent to temporarily deprive, such as joyriding, is not a CIMT], 
• Intent to cause or threaten great bodily harm, or assault with a deadly weapon,
• Recklessness involving a conscious disregard of a known risk of death or bodily injury, 
• Some, but not all, offenses that involve lewd conduct; some types of “bad commerce” such as drug trafficking and prostitution; some obstruction of justice offenses; and other somewhat random conduct that authorities deem to be reprehensible.

A conviction for a crime of moral turpitude can block one’s application for a visa or green card. It can also cause someone who already has a U.S. visa or green card to be removed from the U.S. What’s more, the mere admission of the essential elements of a crime involving moral turpitude can be sufficient to disqualify a noncitizen from obtaining status. 

Contact a Criminal Lawyer for Immigration Help

If you were convicted of DUI and your immigration status is in jeopardy, it is critical for you to have dedicated legal counsel. Hire an expert criminal lawyer in Georgia that will fight for you. Contact me today at (912) 656-5996 to schedule a free consultation.