DUI and Deportation Risk in South Carolina: What Non-Citizens Need to Know

For non-citizens living in South Carolina, a DUI arrest can bring more than just criminal penalties—it can also threaten your immigration status. The risk of deportation or other immigration consequences varies depending on your legal status, but the potential impacts are serious for everyone. Whether you’re a permanent resident, a visa holder, or have another immigration status, it’s crucial to understand how a DUI charge in Columbia could affect your future in the U.S. Let’s break down what non-citizens need to know about DUIs and immigration consequences.

How DUI Affects Immigration Status in South Carolina

Immigration consequences for a DUI depend on your specific status. Different categories of immigrants face varying risks, so it’s important to know how your particular status may be impacted:

• Permanent Residents (Green Card Holders): While a single DUI conviction may not automatically lead to deportation, multiple offenses or aggravating factors (such as causing injury or death) could put your green card at risk. Future applications for citizenship could also be delayed or denied if a DUI is on your record.
• Visa Holders: Non-immigrant visa holders, such as those on student visas (F-1) or work visas (H-1B), are at higher risk. A DUI could result in visa revocation, making it difficult or impossible to renew your visa or travel internationally.
• DACA Recipients: For individuals in the Deferred Action for Childhood Arrivals (DACA) program, any criminal charge, including a DUI, can trigger a review of your status. Multiple offenses or a serious incident could result in deportation proceedings.
• Temporary Protected Status (TPS): DUI arrests can also affect those with TPS, especially if there are aggravating factors involved.
• Pending Applications: If you have a pending application for adjustment of status, such as a green card or asylum, a DUI could slow down or complicate the process, and in some cases, it may lead to denial.

The risk of deportation increases with multiple DUI convictions, and cases involving aggravating factors (like driving with a child in the car or causing injury) can lead to immediate immigration consequences, even for a first offense.

When Can a DUI Trigger Deportation?

Not all DUI arrests automatically lead to deportation, but under certain conditions, it’s a real possibility:

• Single DUI Consequences: A single DUI typically won’t trigger deportation for lawful permanent residents or visa holders, but it could create problems during future visa renewals or naturalization applications. For DACA recipients or individuals with pending immigration applications, a single DUI can be much more severe, potentially leading to a status review or denial.
• Multiple Offense Impact: Repeated DUI offenses are a red flag for immigration authorities. Two or more DUI convictions can result in deportation proceedings, especially if the offenses occur within a short time frame.
• Aggravating Circumstances: Certain factors will escalate the severity of a DUI case and could lead directly to deportation. These include:
• Child Endangerment: Driving under the influence with a minor in the car is considered an aggravating factor.
• Serious Injury or Death: If the DUI involves an accident that causes injury or death, it’s much more likely that deportation proceedings will follow.
• Property Damage: Significant property damage resulting from a DUI can also worsen the consequences.
• Drug Involvement: If your DUI involves drugs, either in addition to alcohol or on their own, the risk of deportation is higher.

Critical Steps for Non-Citizens After DUI Arrest

If you’re a non-citizen and have been arrested for a DUI in Lexington County, taking the right steps immediately after your arrest is crucial:

• Immediate Legal Actions: Your first step should be to hire both a criminal defense attorney and an immigration attorney. These legal professionals can work together to develop a strategy that addresses both the criminal charges and potential immigration consequences.
• Immigration Attorney Consultation: Consulting an immigration attorney early is essential, especially if you have a more vulnerable status like a visa holder or DACA recipient. They will guide you on how best to protect your immigration status during the DUI case.
• Document Preservation: Keep all documents related to your immigration status and DUI arrest in a safe place. This includes your arrest report, any court documents, and all communications related to your case.
• ICE Notification Risks: In some cases, Immigration and Customs Enforcement (ICE) may be notified of your arrest, especially if you are being held in custody. This increases the risk of deportation proceedings. Local protocols vary, but detention centers in South Carolina, like the Alvin S. Glenn Detention Center, have processes for reporting to ICE.
• Local Procedures: In Lexington County, procedures after a DUI arrest are typically the same for all individuals, but ICE involvement can complicate matters. Bond conditions may also be more stringent for non-citizens, depending on the severity of the charges and immigration status. Additionally, understanding local ICE protocols and bond court procedures is essential for managing your case.

Immigration Consequences Beyond Deportation

While deportation is one of the most severe consequences of a DUI for non-citizens, it’s not the only concern:

• Visa Renewal Impact: A DUI conviction can complicate the visa renewal process, especially for non-immigrant visas like H-1B or F-1. Some visa holders may face automatic visa revocation after a DUI arrest.
• Travel Restrictions: Non-citizens with a DUI conviction may face travel restrictions. For example, certain countries, including Canada, have strict policies about allowing entry to individuals with DUI convictions.
• Naturalization Delays: For permanent residents, a DUI conviction could delay the naturalization process, as it may raise questions about your moral character—a key component of the naturalization application.
• Employment Authorization: DUI convictions can also affect employment authorization, particularly for individuals on work visas or those applying for Employment Authorization Documents (EAD).
• Status Adjustments: If you have a pending application for adjustment of status, a DUI conviction could delay or even jeopardize your case, depending on the specifics.

Defending Against Immigration Consequences

Building a strong defense against a DUI charge is essential for avoiding not only criminal penalties but also immigration consequences. Here’s how you can protect your immigration status:

• Criminal Defense Strategies: A criminal defense attorney will work to challenge the DUI charges by disputing field sobriety test results, breathalyzer accuracy, and other evidence. The goal is to get the charges reduced or dismissed to avoid a criminal conviction that could affect your immigration status.
• Immigration Court Considerations: In some cases, DUI arrests may lead to proceedings in immigration court. If this happens, your immigration attorney will help present evidence and arguments to protect your status.
• Plea Bargain Implications: Accepting a plea deal in a DUI case can have immigration consequences. Some plea deals may involve admitting to certain facts that could trigger deportation. It’s critical to discuss any plea offers with both your criminal and immigration attorneys before making a decision.
• Alternative Resolutions: In some cases, alternative programs, such as Alcohol and Drug Safety Action Programs (ADSAP), community service, or rehabilitation programs, may help reduce charges and lessen the impact on your immigration status.
• Documentation Needs: Throughout your case, it’s essential to maintain thorough documentation of all court proceedings, program completions, and attorney consultations. This paperwork can be critical in defending your immigration status if the issue arises in future visa or status applications.

Conclusion: DUI and Immigration—More Than Just a Traffic Violation

For non-citizens, a DUI in South Carolina is more than just a traffic violation—it’s a potential threat to your immigration status and your future in the United States. Whether you’re a permanent resident, visa holder, or DACA recipient, the consequences of a DUI can be severe. But with the right defense and early legal action, you can protect yourself from the worst outcomes. At Thompson & Hiller Defense Firm, we’re here to help you navigate both the criminal and immigration challenges that come with a DUI. Contact us today to start building your defense and safeguarding your status.