If you’re an immigrant living in the United States and you’ve been arrested for drunk driving, one of the first terrifying thoughts that might race through your mind is: can a DWI get you deported? It’s a valid concern—and one that deserves a clear, honest, and comprehensive answer. Whether you’re here on a green card, a visa, DACA, or undocumented status, a DWI charge can have consequences that extend far beyond fines and license suspensions. It can impact your immigration status and, in some cases, lead to removal proceedings.
This guide is written for people like you—immigrants who want to understand how aDWI arrest or conviction may affect their ability to remain in the United States. We’ll walk through the legal framework, explore real-life stories, and help you understand what steps to take if you’re facing this challenge. Our tone is conversational, but our content is grounded in the serious legal realities you may face.
What Is a DWI and Why It Matters for Immigration
Let’s start with the basics. A DWI (Driving While Intoxicated) is a criminal charge typically filed when a person operates a motor vehicle with a Blood Alcohol Content (BAC) of 0.08% or higher. In some cases, a DWI can also be based on drug impairment, even without alcohol involved.
While a DWI is often considered a misdemeanor, it can still be very serious in the eyes of immigration law. Immigration doesn’t just care about felonies. Certain misdemeanors—especially those that involve public safety or what the law calls “moral turpitude”—can have devastating immigration consequences.
So, can a DWI get you deported? The answer is yes—it can, depending on a range of circumstances. But not all DWI cases automatically lead to deportation. That’s where things get nuanced.
Real-Life Story: Jose’s DACA Status in Jeopardy
Jose, a 22-year-old student under the DACA program, was pulled over for speeding in San Antonio. He admitted to having two drinks and failed a breathalyzer. Charged with DWI, he panicked—not just about the charge itself, but what it meant for his status.
Although it was a first offense, DWI is considered a significant misdemeanor under DACA policy. This meant Jose risked losing his protections and could even be placed in removal proceedings.
With the help of an immigration lawyer and a criminal defense attorney, Jose’s charges were reduced to reckless driving. He was able to keep his DACA status, but it came with legal bills, anxiety, and a hard lesson about how a DWI can lead to deportation—or worse, the loss of everything he’d worked for.
Immigration Law: How Criminal Charges Are Evaluated
To understand whether a DWI can get you deported, we need to look at how U.S. immigration law handles criminal convictions. The Immigration and Nationality Act (INA) outlines categories of offenses that make someone removable, inadmissible, or ineligible for benefits.
Here are some key categories:
- Crimes of Moral Turpitude (CIMT)
- Aggravated Felonies
- Controlled Substance Violations
- Multiple Criminal Convictions
- Significant Misdemeanors (especially for DACA recipients)
A simple first-time DWI may not fall under these categories. However, if there are aggravating factors—like injury to another person, a high BAC, or repeat offenses—it could be considered more serious and lead to deportation or inadmissibility.
When Can a DWI Get You Deported?
Here’s when a DWI can get you deported or cause other serious immigration consequences:
1. DWI + Aggravating Circumstances
If your DWI involves an accident that causes injury or death, it may be charged as a felony. A felony DWI can be considered an aggravated felony under immigration law—a direct path to deportation.
2. DWI with Drugs
If your DWI is based on drug use (including marijuana), immigration views it as a controlled substance violation. Even if it’s legal in your state, marijuana use can trigger removal under federal immigration law.
3. Multiple Convictions
If you’ve been convicted of multiple offenses—including two or more DWIs—you may be classified as someone with multiple criminal convictions, which can trigger deportation or make you inadmissible.
4. Probation Violations
If your DWI caused you to violate probation or parole from a prior charge, immigration may view you as someone with a pattern of criminal behavior.
5. DACA, TPS, or Visa Holders
If you’re here under DACA, Temporary Protected Status (TPS), or on a visa, even a single DWI can be disqualifying. USCIS often considers DWI a “significant misdemeanor,” which can lead to denial of renewal or outright removal.
Real-Life Story: Nabila’s Green Card Application Denied
Nabila, a 35-year-old Pakistani national, had lived in Houston for five years and was married to a U.S. citizen. While her green card application was pending, she was arrested for DWI.
Though it was her first offense and no one was harmed, USCIS denied her adjustment of status application. They cited the DWI as a sign of poor moral character and used their discretion to deny her case. She had to reapply and submit evidence of rehabilitation, which delayed her green card by over a year.
Her case highlights that while a DWI might not always lead to deportation, it can absolutely block you from obtaining legal status.
What About Permanent Residents (Green Card Holders)?
Many people believe having a green card protects them from deportation. Unfortunately, that’s not entirely true. A permanent resident can still be removed from the U.S. for criminal offenses—including serious DWI cases.
Here’s how it works:
- If your DWI is classified as an aggravated felony, you may be deported without the chance to fight your case in front of a judge.
- If your DWI is part of a pattern of misconduct, you may be denied U.S. citizenship or naturalization.
- If you leave the country and try to reenter with a DWI on your record, Customs and Border Protection (CBP) could deny your entry.
So, can a DWI get you deported even if you have a green card? Yes, especially if it’s not your first offense or involves drugs or injuries.
What to Do If You’ve Been Arrested for DWI
If you’re not a U.S. citizen and you’ve been arrested for DWI, here are steps to take immediately:
1. Hire a Criminal Defense Attorney
Find a lawyer with experience defending DWI cases. Ask them if they’ve worked with immigrant clients and understand how criminal charges can affect immigration.
2. Contact an Immigration Attorney
This is critical. Criminal law and immigration law are separate systems. You need someone who understands both and how they interact.
3. Don’t Plead Guilty Too Quickly
Many people plead guilty to “get it over with.” That can be a mistake. Some plea deals may harm your immigration status more than others. Always talk to an attorney before making any decisions.
4. Stay Compliant
Go to every court date. Follow all probation terms. Avoid further legal trouble. Judges (and immigration officials) view your behavior post-arrest as a reflection of your reliability.
5. Gather Your Immigration Documents
If ICE becomes involved, you’ll need to prove your legal status. Make sure you have your passport, visa, work permit, or green card ready.
Real-Life Story: How Carlos Avoided Deportation
Carlos, a permanent resident originally from Honduras, was arrested for his second DWI after leaving a barbecue. His BAC was 0.14%, and no one was injured.
He immediately contacted both a criminal defense and immigration attorney. Together, they negotiated a plea to a lesser offense—public intoxication—and avoided a DWI conviction. Because public intoxication is not typically considered a deportable offense, Carlos kept his green card and remained in the country.
His story is proof that with quick action and the right legal support, a DWI doesn’t always lead to deportation—but it takes strategy.
The Role of ICE and Immigration Enforcement
In some areas, especially in states with 287(g) agreements, local law enforcement works directly with Immigration and Customs Enforcement (ICE). That means a simple DWI arrest could alert ICE and trigger an immigration hold.
Once an ICE hold is placed, you may be:
- Detained in an immigration facility
- Placed in deportation proceedings
- Barred from requesting bond in criminal court
- Transferred to another state before seeing an immigration judge
This is why having both types of attorneys—criminal and immigration—is not just helpful, it’s essential. The stakes are high, and one misstep can change your life permanently.
Can You Still Apply for Citizenship After a DWI?
Technically, yes. But a recent DWI can hurt your chances of approval. During your naturalization interview, USCIS evaluates your moral character for the last five years (or three, if married to a citizen).
A DWI conviction raises red flags. To counteract that, you’ll need to show:
- You’ve completed all court requirements
- You’ve stayed out of further trouble
- You’ve taken steps to rehabilitate (alcohol education, community service)
- You’ve been honest and forthcoming during your interview
If approved, great. If denied, you may have to wait and reapply after showing continued good behavior.
Final Thoughts: Can a DWI Get You Deported?
So, can a DWI get you deported? In many cases, yes—but not always. The risk depends on your immigration status, the severity of the offense, whether drugs were involved, and whether you’ve had prior convictions.
If you’re facing a DWI and you’re not a U.S. citizen, the smartest thing you can do is act fast. Get a legal team that understands both immigration and criminal law. Don’t take a plea until you’ve had proper advice. And remember, one mistake doesn’t define you—but how you respond to it might.
