UPDATE: As of August 15, 2025, even "traffic infractions" can negatively impact a non-citizen's "good moral character" evaluation.

For non-citizens, the United States became a much different place in 2025. Amid all the changes, they have the least legal protection. What few protections they do have are under siege. We can expect this trend to continue at least through January 2029. DWI defense lawyers like me must understand how it will affect our clients.

Federal laws directly impacting DWI defense concerns often fail to gain traction. Bills like the one requiring alcohol detection devices in new cars have been popping up for so many years that I've lost count. Congress has generally considered drunk driving a matter for state governments.

That has changed significantly regarding immigration. With Republicans holding majorities in both chambers of Congress, the likelihood of a crackdown on immigrants has skyrocketed

Drunk driving offenses, known as DWI or DUI in various states, have always been a negative factor for non-citizens. It could get a lot worse soon.

Having any criminal background at all undermines the chances of improving one's immigration status. Citizenship may already be denied for numerous reasons. Good moral character and substance use associated with harmful behavior may be tied to DWI and are significant considerations for immigration officials.

How a DWI Conviction Impacts Immigration Status

Under current law, a single misdemeanor DWI conviction does not always result in deportation ("removal" is the legal term for deportation) or prevent entry into the country ("inadmissibility"). After all, the sole fact that a person got drunk doesn't mean the person is a "habitual drunkard" or immoral person. Even the Supreme Court of the United States has ruled that DWI is not considered a violent crime for immigration purposes. Harsher immigration consequences for felonies don't usually apply, either. Those are some positives in the generally bad situation of a DWI.

That is not to say a non-citizen has no reason to worry about a single misdemeanor DWI. In fact, a DWI can lead to many adverse immigration outcomes. For instance, a DWI certainly can cause harm to the ability to renew a legal status, even before a conviction occurs. If your status is revoked or expires, the government may initiate deportation proceedings against you. The most obvious way a DWI may result in deportation is for you to have no legal status to be in the United States at all. Contact with law enforcement increases the likelihood that you will be brought to the attention of immigration authorities, and deportation may begin immediately.

Further, the presence of aggravating factors may make a single routine DWI serious enough to warrant negative immigration consequences. One example is a misdemeanor DWI causing injury. DWI involves substance use, potential effects on the community at large, and potential probation, all of which are considerations in immigration courts.

In short, this means an ordinary DWI conviction does not automatically result in deportation for someone who is legally present in the country. People with legal status must have a lawyer who is aware that a DWI can cause revocation of or interfere with renewal of that status, resulting in possible deportation.

Some countries, such as Canada, have laws that prevent non-citizens with DWI convictions from entering their country. The United States does not have such a law.

That may change soon. The proposed change would reverse the Supreme Court's ruling by changing the law being interpreted and making a first-time misdemeanor DWI a deportable offense.

HR 875: The Protect Our Communities from DUIs Act of 2025

The United States House of Representatives just passed the "Protect Our Communities from DUIs Act of 2025," House Resolution 875. On June 27, 2025, it was forwarded to the Senate Judiciary Committee for consideration. I expect the Senate to agree and adopt the exact same language.

The language of HR 875:

"This Act may be cited as the 'Jeremy and Angel Seay and Sergeant Brandon Mendoza Protect Our Communities from DUIs Act of 2025".

 

SEC. 2. INADMISSIBILITY AND DEPORTABILITY RELATED TO DRIVING WHILE INTOXICATED OR IMPAIRED.

(a) INADMISSIBILITY.""Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end the following:

"(J) DRIVING WHILE INTOXICATED OR IMPAIRED. Any alien who has been

A convicted of, who admits having committed, or who admits committing acts which constitute the essential elements of an offense for driving while intoxicated or impaired, as those terms are defined under the law of the jurisdiction where the conviction, offense, or acts constituting the essential elements of the offense occurred (including an offense for driving while under the influence of or impaired by alcohol or drugs), without regard to whether the conviction or offense is classified as a misdemeanor or felony under Federal, State, tribal, or local law, is inadmissible.".

(b) DEPORTABILITY. Section 237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end the following:

"(G) DRIVING WHILE INTOXICATED OR IMPAIRED. Any alien who has been

convicted of an offense for driving while intoxicated or impaired, as those terms are defined under the law of the jurisdiction where the conviction occurred (including a conviction for driving while under the influence of or impaired by alcohol or drugs), without regard to whether the conviction is classified as a misdemeanor or felony under Federal, State, tribal, or local law, is deportable.".

Passed the House of Representatives June 26, 2025."

Why a DUI Conviction Counts Differently in Immigration Court

HR 875 displays an understanding of how DWI defense lawyers attempt to protect their clients by addressing what conviction means for DWI, not just criminal charges in general. Your DWI defense lawyer already needs to know what constitutes a "conviction" for immigration purposes.

Conviction includes situations in which a judge makes a legal finding of guilt to the offense, but it's NOT the only way your case can be considered a conviction. A no contest plea will not help you because the next step for the court is to find you guilty or put you on deferred adjudication. Deferred adjudication probation will not help you because it is a conviction as defined by immigration law. A pretrial diversion is unlikely to help you because it usually requires you to acknowledge specific facts and/or guilt. If you DWI defense lawyer doesn't know this, you should get a new DWI defense lawyer who does know.

Avoiding a conviction for criminal law purposes is NOT the same as avoiding a conviction for immigration purposes. Even admitting specific facts outside of court could count as a conviction for immigration purposes. Your lawyer must know this, or you may mistakenly get yourself thrown out of the country.

DWI's normal status as a misdemeanor is explicitly addressed. HR 875 would eliminate the slim distinction that provides limited immigration relief. The only consolation in that language is that it does not use the term "shall" be deported, instead saying "is deportable." That at least leaves room for the possibility of not being deported, meaning you may have some chance of relief from immigration courts. Every immigration situation is specific to the person, so you must consult with an immigration attorney to get a professional evaluation.

To be clear, a resolution does NOT make a new law. It is NOT a "bill." A House resolution is a formal proclamation of the position of the chamber. The Senate will likely concur and pass its own resolution. While it's unlikely that this single provision will command the attention of the full Congress, I can foresee it being added to a larger bill shortly. That means it could be stuck in a larger bill and become the law of the United States without being debated at all.

Could Old DWI Convictions Still Get You Deported?

Even worse, immigration laws allow for retroactive application of new regulations, which means people who were not deportable for a prior DWI conviction could be placed in deportation proceedings. In other words, you may have been allowed to stay in the United States after your 1995 DWI conviction, but this new law could get you deported for what happened in 1995.

Attorneys who don't keep up with new immigration laws related to DWI won't even know that you need to be warned. That's a great example of why you must have a good immigration attorney, as well as a good criminal defense attorney. Both must stay engaged in their professions to be sure you get the best representation possible.

It is not a foregone conclusion that HR 875 will become law, so those who are affected should not lose hope.

Why You Need Both an Immigration and a DWI Defense Lawyer

If you are not a citizen of the United States, you need to know whether a new law essentially forces you to go to trial to have a chance to stay in the country. You can't even make an informed choice if your attorney isn't informed.

If you have the misfortune of being arrested for a DWI as a non-citizen, you should hire a DWI defense attorney like me who stays informed. Call now.

*This blog post is not meant to be an exhaustive discussion of all aspects of how DWI affects immigration law. You need an immigration attorney for that. If you don't already have an immigration attorney, I recommend Debra Rodriguez. She is the one I consult with about immigration law, and she reviewed this blog post before publication to ensure its accuracy as to immigration law.