Navigating the intersection of immigration and criminal law often referred to as “Crimmigration,” can be particularly challenging for non-citizens facing charges like Driving While Intoxicated (DWI).
At Martine Law, our attorneys based in Minnesota have a proven track record of defending clients in complex Crimmigration cases. With extensive experience in criminal law, our team is dedicated to protecting your rights and achieving the best possible outcomes.
What is Attorney General William Barr’s 2019 Ruling?
An immigration ruling from Attorney General William Barr noted that a noncitizen with 2 or more DWIs, despite any rehabilitation efforts (treatment, AA, etc.), is presumed to lack “good moral character.” This can have severe consequences on their immigration status, including deportation and denial of citizenship. Our knowledgeable attorneys are here to guide you through these challenges with compassion and professionalism.
Consequences of “Lack of Good Moral Character”
A finding of “lack of good moral character” in reference to Atty. General William Bar’s ruling can significantly impact a non-citizen’s life, including:
- Preventing them from becoming a U.S. citizen;
- Preventing them from returning to this country;
- Making them deportable and
- Blocking access to immigration relief, such as:
- Cancellation of Removal
- Violence Against Women Act (VAWA) protections
At Martine Law, our attorneys practice Crimmigration cases, including those involving DWIs. If you or a loved one is a non-citizen and have been charged with a crime, our attorneys are ready to provide the support you need.
How Can a DWI Charge Impact Non-Citizens in Minnesota?
For U.S. citizens, a DWI in Minnesota carries serious penalties, with consequences increasing for repeat offenses, under Minnesota Statute §169A.20, including:
- Fines
- License suspension
- Possible jail time
However, for non-citizens, the stakes are even higher. A DWI can not only result in legal penalties but also jeopardize their ability to stay or return to the United States.
Consequences for Non-Citizens in Minnesota Include:
- Ineligibility for citizenship: A DWI can impact applications for citizenship or other forms of immigration relief.
- Risk of deportation: Multiple DWI convictions can lead to removal proceedings under 8 U.S.C. § 1227(a)(2)(A)(ii).
- Re-entry denial: Non-citizens may face challenges when attempting to re-enter the U.S. due to their criminal record.
DWI Arrest vs. Conviction: Why It Matters
Unlike U.S. citizens, who primarily face consequences after a DWI conviction, non-citizens must be concerned with the arrest itself.
Upon arrest, fingerprints are taken and entered into a national database accessible to U.S. Citizenship and Immigration Services (USCIS). This information can impact immigration status, even if the DWI charge doesn’t lead to a conviction.
Attempting to hide a past DWI arrest when dealing with immigration authorities can be considered fraud, leading to deportation or barring admission to the U.S. It is crucial to be candid about any past arrests to avoid further complications.
DWI Arrest for Undocumented Immigrants
For undocumented immigrants, a DWI arrest can have immediate and severe consequences. If the arrest reveals undocumented status, U.S. Immigration and Customs Enforcement (ICE) may become involved, and detention or deportation is likely.
Important Steps for Undocumented Immigrants:
- Remain silent: It’s crucial not to disclose any information about your immigration status during the arrest.
- Request a lawyer: Ask for a criminal defense attorney who can help with the DWI charge and provide a referral to an immigration attorney if necessary.
DWI Arrest for Legal Non-Citizens
For those in the U.S. on a visa or green card, a DWI arrest does not automatically result in deportation. However, there are still serious implications:
- Crimes of moral turpitude: A simple DWI is not considered a crime of moral turpitude, but if there are aggravating factors, such as having a blood-alcohol content twice the legal limit or having a child in the car, it may qualify.
- Re-entry issues: A DWI arrest within five years can complicate re-entry to the U.S. This can be contested, but avoiding the charge altogether is best.
How Can a Criminal Defense Lawyer in Minnesota Help?
The laws surrounding DWIs and immigration are complex, and each case is unique. A comprehensive defense requires a thorough understanding of local, state, and federal laws. A reliable criminal defense attorney can provide legal services for non-citizens facing DWI charges.
Contact Our DWI Attorneys in Minnesota at Martine Law Today!
At Martine Law, we are dedicated to providing a compassionate and professional defense for non-citizens dealing with DWI charges. Our goal is to protect your rights and help you navigate the charges you’re facing..
If you or someone you know is a non-citizen facing a DWI charge in Minnesota, contact us at (612) 979–1305 for an initial consultation. We are here 24/7 to help you every step of the way.
