As a noncitizen, a driving while intoxicated (DWI) arrest can threaten your whole future in the country. The good news is there are right steps you can take to protect both your driving privileges and immigration status as long as you act quickly. This guide can help explain what you can do to safeguard the dreams and life you are building in Texas.
DWI immigration consequences in Texas
A DWI arrest can impact your status in specific ways. If you are a green card holder, an arrest that becomes a conviction can delay your eligibility for U.S. citizenship by five years. This is because the DWI can hurt your ability to show the good moral character required to obtain it.
If you are in Houston on an H-1B or F-1 student visa, a DWI arrest can put your visa at risk and may make renewal harder. Deferred Action for Childhood Arrivals (DACA) recipients and undocumented individuals face the greatest risk of deportation after a DWI arrest. In Harris County, U.S. Immigration and Customs Enforcement (ICE) detainers can make the situation even more serious.
The importance of prompt action
In Texas, you only have 15 days from your arrest date to request an Administrative License Revocation (ALR) hearing to save your driver’s license. For noncitizens, this deadline is vital because a DWI arrest can also affect their visa renewal or future citizenship plans. Acting fast can give your attorney a better chance to protect your license and long-term legal rights.
Why the criminal lawyer is your first call
Many people believe they should call an immigration attorney first. However, an immigration attorney cannot undo a criminal conviction.
A criminal defense lawyer can step in early and work to resolve your case in a way that protects your status. Your lawyer may use the following tools to help protect your record:
- Saving Ourselves by Education and Recovery (SOBER) Court as a sentencing alternative to jail time
- Nondisclosure to hide your arrest from public view to improve your immigration standing
In many cases, these can help your lawyer in seeking a dismissal for your case or in reducing the charge to a nondeportable offense.
Avoiding the pleading guilty pitfall
When facing DWI charges after an arrest, the wisest thing to do is not to plead guilty right away. A quick plea without consulting a criminal defense attorney beforehand can result in permanent deportation or the loss of your legal status.
Your criminal case can determine your immigration future. If you have been arrested in Houston, acting immediately can better protect your right to stay in this country.