How A DUI Conviction Can Impact Non-Citizen Drivers In California

Can A DUI Conviction As A Non-Citizen In California Affect Your Immigration Status?

Now more than ever, it is important to understand how a DUI conviction can impact the immigration status of a non-citizen. Particularly, a conviction can impact your ability to remain in the United States and cause complications with your ability to naturalize.

In January 2025, a bill was introduced in the US Congress called H.R. 875, which would render a non-citizen deportable if convicted of a DUI, and would also render a non-citizen inadmissible to the United States for any purpose. So as of this year, a DUI conviction in California, and in the United States, could impact your ability to remain in the United States or your ability to come into the country for any purpose.

Can I Apply For A Green Card Or Visa With A DUI On Record In California?

Unfortunately, a DUI conviction will complicate your ability to obtain a green card or visa. According to recently proposed legislation, a DUI conviction could render any non-citizen deportable. It also appears that the new legislation will be applied retroactively, meaning it will apply to those non-citizens convicted of a DUI before the passage of the legislation.

I recommend any non-citizen with a DUI conviction seeking to apply for a green card or visa to consult with a qualified immigration attorney or a criminal defense attorney to determine how to vacate an older conviction. Additionally, an attorney can help prevent or come up with an alternative to pleading guilty to a future DUI.

How Does A DUI Impact Naturalization Or U.S. Citizenship For Immigrants In California?

I’d like to start with the caveat here. I’m not an immigration lawyer, but a single DUI conviction does not currently render an individual deportable or inadmissible.

However, a DUI conviction for a non-citizen will render all individuals inadmissible and deportable in the near future. The ability to naturalize as a US citizen will be impacted by a DUI conviction, likely preventing naturalization while on probation, and will soon impact the ability to naturalize even when not on probation.

Again, I recommend consulting with a qualified immigration attorney to discuss the specifics of your case and your unique circumstances. This will help determine whether or not you need to seek to vacate an older DUI conviction to protect your immigration status going forward.

Attorney E. Michael Linscheid is a seasoned lawyer based in Northern California who has helped countless clients just like you navigate the intricacies of DUI law. With more than 20 years of licensed experience, he is prepared to assist you in navigating your DUI conviction as a non-citizen so that you can protect the future of your immigration status.

Still have questions? Ready to get started? Contact the Law Office of E. Michael Linscheid today to schedule an initial consultation.

What Can Undocumented Immigrants Do During A DUI Arrest In California?

If you’re undocumented, and if you’re arrested for driving under the influence just like anyone else, you need to cooperate with law enforcement. But be sure to avoid making any statements pertaining to the consumption of alcohol or controlled substances.

You don’t need to respond to questions as to where you’re coming from or where you’re going, or whether you’re driving. At the very least, it is important to just cooperate by providing whatever documents are asked for, but not to make any statements whatsoever that could essentially make the defense of your case much more difficult.

Why Is Hiring Both An Immigration And A Criminal Attorney Critical?

As a criminal defense attorney, I routinely work with immigration lawyers to determine the best course of action for non-citizen clients.

While I am knowledgeable concerning the law on violations of criminal laws, an immigration attorney can advise you as to the specific immigration consequences for a particular disposition. An immigration lawyer can also help to determine whether there are any options for negotiating a lesser charge that will not have the same immigration consequences.

While I have an obligation as an attorney to advise my clients of actual immigration consequences of a disposition, it is often necessary that clients also need to hire a qualified immigration attorney to provide representation as to any potential consequences as they may pertain to their immigration status.

I’m often retained in post-conviction proceedings where individuals have been convicted of a criminal offense 5, 10, 20, or as much as even 30 years ago. Twenty to Thirty years ago, it was not routine for criminal defense attorneys to provide information regarding immigration consequences to their non-citizen clients.

If we can establish that a client was not advised of specific immigration consequences of a plea they may be able to have the plea vacated under Penal Code 1473.7, we often need to work with an immigration attorney in these situations to provide alternative resolutions.

These alternatives may not impact a person’s immigration status, but serve to educate the prosecution as to immigration consequences for the plea in the particular case.

What Advice Would You Give Non-Citizen Clients Proactively To Minimize Risk If They’re Pulled Over?

I recommend that any non-citizens with any prior arrests or convictions immediately consult with an immigration lawyer and a criminal defense attorney to discuss any available options for cleaning their record.

This will help to eliminate potential collateral consequences resulting from past arrests or convictions and may include just running a background check on yourself and bringing your complete record to a criminal defense attorney to review each of the convictions.

Depending on the number and nature of the prior convictions there are when reviewing the convictions, we can help in determining the best practice or manner in which to clean or seal your criminal record.

Still Have Questions? Ready To Get Started?

For more information on DUI And Immigration In California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 782-6002 today.