Can a DWI with a Minor in the Vehicle have Immigration Consequences?
If you are a foreign national living in the United States, you may have some general understanding of the fact that a criminal conviction can have an impact on your immigration status. Of course, an immigrant who is lawfully in the United States will not get removed for offenses like speeding or even a “simple” DWI. What if, however, you are caught driving drunk and have a minor in the vehicle with you?
Having a Child in the Car when You are Drunk May be a Deportable Offense
In order to be removed, the offense committed by a non-citizen must be considered a crime of moral turpitude or an aggravated felony by immigration authorities. While DWI itself is not considered a crime of moral turpitude, there are many aggravating factors that can make it one, including driving with a minor in the car. Under New Jersey law, it is a separate offense to drive drunk with a minor in the car, and doing so may also result in a child endangerment case against you.
What are my Options?
While each case is different, any non-citizen who is facing a criminal case that may involve a crime of moral turpitude should speak with an attorney immediately. You may have various options that could keep you in the country. These can include the following:
- Challenging the Assertion that You Were Drunk – One option is to challenge the assertion that you were drunk in the way that you would in any DWI case. If the prosecution cannot establish that you were drunk beyond a reasonable doubt, you will likely be acquitted and not face any immigration consequences.
- Negotiating a Plea Agreement that Addresses Your Immigration Concerns – In some cases, you may be able to negotiate a plea agreement with the prosecutor that avoids triggering any immigration consequences. If you choose to pursue this route, you should do so with the assistance of an experienced attorney who understands how criminal and immigration law interact.
Call 201-703-9400 today for more information.
If you are a non-citizen that is facing a criminal case, you need to speak with an immigration attorney immediately. It is important to understand that many criminal defense lawyers will not recognize the potential immigration consequences of a particular plea or result, potentially putting your immigration status at risk. To schedule a consultation with New Jersey immigration attorney Robert Mondello, call our office today at 201-703-9400.
