Immigration Consequences of a Nevada DUI Conviction

If you are not a U.S. citizen, you face deportation following a Nevada conviction of either:

1. a felony DUI within five years of your admission to the U.S.,
2. a second or subsequent DUI that involves moral turpitude,
3. a DUI with firearms or illegal drugs in the car, or
4. a DUI that involves domestic violence.

Otherwise, getting a misdemeanor DUI conviction in Nevada generally does not trigger immigration consequences.

In this article, our Las Vegas, Nevada DUI defense lawyers discuss:

• 1. Can a DUI get me deported?
• 2. Is DUI a “crime involving moral turpitude”?
• 3. Can I be deported for DUI of drugs?
• 4. Can a DUI be domestic violence?
• 5. Can I be deported for DUI with a prior criminal record?
• 6. Do I need an attorney?
• Additional Reading

1. Can a Nevada DUI get me deported?

In most cases, no. However, as discussed in detail in the following sections, there are situations where a DUI can get you deported from or deemed inadmissible into the U.S., as the following table shows.

When you are convicted of a deportable offense, it does not matter how long you lived in the U.S. or whether you have a green card. Once you have been deported, your green card (if any) may be revoked. Plus you will be removed from the U.S. and barred from returning for many years.

When you are accused of an inadmissible offense, you cannot return to the U.S. if you leave it. It does not matter if you were originally in the U.S. lawfully. If you were in the U.S. unlawfully, being accused of an inadmissible offense keeps you from adjusting to legal immigrant status.¹

2. Is a Nevada DUI a “crime involving moral turpitude”?

Most DUI cases would not qualify as crimes involving moral turpitude, but some might. This question is difficult to answer because the term “crime involving moral turpitude” is not defined in the Immigration and Nationality Act (I.N.A.).

Definition of Crime Involving Moral Turpitude (CIMT)

Courts have held that a crime involving moral turpitude is one that:

• Is vile, base, or depraved, and
• Violates the U.S.’s accepted moral standards.

Not all serious crimes meet this standard. To be considered a crime of moral turpitude, a crime must offend the most fundamental moral values of society. Another way of saying this is that it must involve “evil intent.”²

Typical CIMTs in Nevada include:

• murder
• rape
• voluntary manslaughter
• kidnapping
• lewdness with a minor under 16
• perjury
• unpaid casino markers

In determining whether a crime involves moral turpitude, courts look to the language of the statute defining the offense. They are looking to see whether the law requires a finding of intentional or knowing conduct. If a conviction can be based on negligence alone, it does not involve moral turpitude.

DUI as a Crime Involving Moral Turpitude

Simply driving drunk or stoned does not meet the standard for moral turpitude. This is because you can be convicted of a Nevada DUI based on your driving or blood alcohol concentration (BAC) alone. No finding of intent is necessary.

Nevada courts have not weighed in on whether DUI might ever be considered a crime of moral turpitude. However, the Eighth Circuit Court of Appeals has held that an Iowa conviction for DUI which injured a minor child in the car was a crime of moral turpitude. This was because Iowa law provides that you are guilty of child endangerment if you

“[k]nowingly act[] in a manner that creates a substantial risk to a child or minor’s physical, mental, or emotional health or safety.”³

Nevada’s “child endangerment” law similarly defines the crime as knowingly placing a child in a situation that harms the child’s physical or mental well-being.⁴ So under such circumstances, an immigration judge might well find that a DUI that endangers a child is a deportable offense.

The Eighth Circuit has also held that reckless conduct may involve moral turpitude if an aggravating factor is present.⁵ If Nevada courts were to agree, you may face deportation if you also get arrested for:

• drag racing,
• evading the police,
• driving on a revoked license, or
• anything else that involves intentional or recklessly dangerous behavior.

When an immigration judge deems that a DUI conviction is a crime involving moral turpitude, you face deportation and/or admissibility.

There are extenuating circumstances that make DUI a deportable crime in Nevada.

3. Can I be deported for DUI of drugs in Nevada?

A conviction of DUI of Drugs (DUID) is not by itself grounds for deportation or inadmissibility. Though the situation changes if you are also convicted of a Nevada drug crime, which is deportable.

Note that possessing up to 30 oz. of marijuana is not a deportable offense under federal law. (Unlike Nevada law, federal law still prohibits recreational marijuana possession.) Therefore, if you are arrested for DUI of marijuana, you should not face deportation as long as any marijuana you are carrying amounts to 30 oz. or less.⁶

Since narcotics crimes may result in deportation, you are strongly urged to retain legal counsel to try to get any drug charges dismissed or reduced to a non-removable offense. That is more important than getting a DUID charge dismissed or reduced since a DUI by itself is not deportable.

4. Can a DUI be domestic violence?

Normally, DUI does not constitute a domestic violence offense for purposes of U.S. immigration law.

However, courts have been willing to order deportation based on DUI with a child in the car (child endangerment).⁷ Therefore, a court might rule similarly if you forced a spouse or domestic partner to be a passenger in a car while you were driving drunk or high.

When an immigration judge deems that a DUI conviction involved domestic violence, you face deportation and/or admissibility.

5. Can I be deported for DUI if I have a prior criminal record?

It depends on your prior crime(s). You are inadmissible to the U.S. if:

• you were convicted of two or more offenses (other than purely political offenses),
• the crimes did not arise out of a single course of conduct, and
• the possible total jail sentences for those crimes is five years or more.⁸

By these standards, having a lengthy criminal record or a past felony conviction might make you subject to removal. Though having just a couple of past misdemeanor convictions like trespass or disorderly conduct probably will not land you in Las Vegas Immigration Court.

6. Do I need an attorney?

It is highly recommended. An attorney who understands immigration law can greatly increase the likelihood of you remaining in the country and being able to leave and re-enter.

An attorney can assess your status and work with the prosecutor to try to ensure that the DUI will not negatively impact your legal residency. It is much easier to fight a DUI charge than it is to fight a deportation hearing.

Additional Reading

Our Las Vegas criminal defense lawyers recommend you refer to our related articles:

• DUI court process – a step-by-step guide of what to expect in your drunk driving criminal and DMV cases
• Violating DUI probation – an examination of the consequences of breaking the terms of your probation, including going to jail
• DUI checkpoints – a discussion of how Las Vegas police are now relying on “blitzes” rather than traditional checkpoints to catch drunk driving suspects
• DUI and auto insurance – a discussion of how traffic violations can cause your insurance premiums to increase
• Ignition interlock devices – an overview of the rules for reinstating your driving privileges following a DUI.

Legal References: