Get a DUI, get deported
Driving under the influence (DUI) is a serious criminal charge, with even a first time offense resulting in often life-changing consequences for the accused. In the worst cases, people lose their lives or are seriously injured in a car crash involving a drunk driver.
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It is often the innocent victims in such cases, passengers of the drunk driver or occupants of another car, who suffer the most, but when the person guilty of a DUI charge is also undocumented another set of victims emerges: family members of the person arrested.
A check of the records of the David L. Moss Correctional Centers shows several individuals charged with DUI who now have ICE holds and are facing deportation. In many cases their removal from the U.S. will leave their families without principal providers and children will grow up missing a parent.
A recent visit to a nightclub popular with local Hispanics revealed a disturbing number of patrons driving away after barely being able to walk to their vehicles. Should any of these intoxi- cated drives manage to avoid getting in an accident, they still run the risk of being pulled over by the police, which can have drastic consequences both for the undocumented as well as for legal residents who are not yet citizens.
“If an individual is undocumented and arrested for a DUI (first time) he or she can be detained, ICE contacted and the individual can be deported,” explained Tulsa immigration attorney Chris Bell. “Or if ICE is not contacted and the individual is able to bond out of jail then they will have to go through a process involving classes, a victim impact panel, fines, court costs, probation, etc.”
Bell said even a single DUI on one’s record can hurt a person’s chances of obtaining a green card, DACA, or citizenship, and multiple DUI’s can be fatal to an immigration application.
“If they are able to file an immigration case in the future the DUI will always be there and can affect the outcome of that particular case,” Bell told La Semana. “Immigration looks at an individual’s record over the last five years. If they have more than one DUI within the last five years then chances are Immigration will deny their citizenship application and they will have to wait to reapply.”
Bell explained that a DUI can have negative impact on both undocumented and documented individuals.
“The way things are currently USCIS [United States Citizenship and Immigration Services] can use it for deportation even if an individual has legal status like a green card. Also, a DUI can cause a DACA recipient to lose their DACA,” Bell said.
One patron at the nightclub where the intoxicated drivers were observed said she doesn’t know why more Hispanics don’t take advantage of Uber or other similar services when they’ve had too much to drink.
“We need to educate our community about the dangers of drunk driving, both to your safety, the safety of others, and legally,” she said. “The risks are just too great.” (La Semana)