Rhode Island DUI and Immigration Status: What are The Consequences?

A DUI arrest is serious for anyone, but for immigrants, the consequences can extend beyond fines, license suspension, or jail time. When it comes to Rhode Island DUI and immigration status, it is important to understand your rights and options.

DUI Charges as an Immigrant

Immigration law is federal, but it often takes into account state criminal convictions to determine consequences on immigration status. A DUI in Rhode Island may raise red flags with U.S. Citizenship and Immigration Services or Immigration and Customs Enforcement. Even before a conviction, a DUI arrest can appear in background checks, complicating visa renewals or status changes.

Alcohol-impaired driving causes 43.7% of all traffic deaths in Rhode Island, significantly higher than the national average. Due to this, Rhode Island imposes strict DUI penalties. Working with a DUI lawyer can help you understand your charges and possible repercussions on your immigration status. Negative consequences on your immigration status and for DUI Penalties are more likely if the DUI involves:

• Aggravating factors. These are factors such as reckless driving or excessive blood alcohol content (BAC). For individuals who submit to chemical tests, the average BAC was 0.17%, constituting excessive BAC.
• Injury or death. If you caused injury or death during a DUI, it may result in a felony charge and more severe consequences.
• Multiple DUI convictions. Repeat DUI offenses illustrate a track record that reflects negatively on you, often result in felony charges, and more severe penalties.
• Driving on a suspended license. If your license is suspended, whether from a prior DUI conviction or other reason, you are likely to experience harsher consequences.

A DUI Charge’s Impact on Different Immigration Statuses

Different immigration statuses may face a higher risk of consequences, such as visa or green card denials, delays, or even deportation. Speaking with an immigration lawyer offers personalized defense against the impact of a DUI on your status. Immigration statuses include the following:

• Undocumented immigrants. Undocumented immigrants face some of the greatest threats to their status, as a DUI arrest can lead to detention during or after criminal proceedings and increase the risk of ICE involvement and deportation.
• Temporary visa holders. Many U.S. visas require strict compliance with U.S. laws. Individuals with student, work, tourist, or other visas may suffer visa revocation, denial for renewal or extension of their visa, or issues with possible future re-entry.
• Green card holders. While a single DUI charge is unlikely to cause severe consequences on a legal permanent resident’s immigration status, it does still have the possibility of affecting an individual’s eligibility for naturalization and may be used as evidence against them after other offenses or serious DUI convictions.

Why Hire a DUI Lawyer in Rhode Island?

A DUI charge can move quickly and carry serious consequences, especially when your freedom, driving privileges, and future are on the line. Hiring an experienced Rhode Island DUI Attorney gives you an advocate who understands both immigration and DUI laws and how to protect your rights at every stage of this process.

A DUI attorney works tirelessly negotiating the most optimal outcome, such as reduced or dismissed charges. They can examine evidence surrounding the traffic stop, arrest, and testing procedures to identify legal errors or violations of your rights, for example, misadministered chemical tests or failure to follow traffic stop procedures. Without legal guidance, many of these defenses can go unnoticed, reducing the possibility of lighter penalties or dismissed charges.

From representing you in court to protecting your license and advising you on next steps, a DUI lawyer serves as your advocate in a complicated and intimidating legal system. The guidance of an experienced DUI attorney is invaluable during the uncertain time after a DUI charge.

FAQs About Rhode Island DUI and Immigration Status

Can You Be Deported for a DUI?

In certain instances, it is possible to be deported for a DUI. However, this depends greatly on your immigration status and factors relating to the DUI, including whether it is a repeat offense, caused injury or death, excessive BAC, and other details that provide information about the seriousness of the offense and your character. For example, a green card holder likely won’t be deported or suffer major consequences to their immigration status compared to an undocumented immigrant.

How Long Will a DUI Be on Your Driving Record in Rhode Island?

A DUI is on your record indefinitely and can be viewed during background checks. For eligible individuals, it is possible to have a DUI expunged from their record after 5 or 10 years. A DUI attorney can explain your options regarding your driving record and represent you when filing a motion to expunge a DUI.

What Rhode Island DUI Penalties Could You Face?

Rhode Island DUI Penalties could include fines ranging from hundreds to thousands of dollars, jail or prison time, immediate license suspension that could last for up to two years, re-education classes, drug or alcohol treatment, or community service. The exact penalties vary depending on factors such as BAC, age, whether it was a repeat offense, whether it caused injury or death, or other factors that increase the seriousness or danger associated with the DUI.

When Should You Contact a DUI Lawyer?

Contacting a DUI lawyer as soon as possible offers the optimal chance of reducing or dismissing charges and minimizing penalties. A lawyer can help you during an investigation by protecting you against self-incrimination, illegal search and seizure, and by beginning to gather evidence surrounding the DUI charge that can be used to build a strong defense.

Speak With a DUI Lawyer at Ellison Law LLC

Rhode Island is home to 160,000 immigrants. A Rhode Island DUI isn’t just a traffic offense; it threatens their future in the United States. Working with a knowledgeable DUI lawyer can reduce the risk to your immigration status and could minimize Rhode Island DUI penalties.

At Ellison Law LLC, we are committed to representing you with honesty and compassion and have helped dismiss hundreds of DUI charges. Contact us today to learn how experienced legal representation can help you when facing DUI charges as an immigrant.