Can You Get Deported for a DUI?

By Lyle Therese A. Hilotin-Lee, J.D. | Legally reviewed by Laura Temme, Esq. | Last reviewed June 26, 2025

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For most people, a simple DUI generally will not result in immediate deportation. But it can trigger serious immigration consequences that vary dramatically by visa category, such as:

• Visa cancellation
• Inability to re-enter the country
• Loss of legal status

If you are facing DUI charges and have concerns related to immigration, talk to a DUI attorney or an immigration lawyer. They can review the circumstances surrounding your case and the effects of a DUI charge on your immigration status.

How Immigration Status Determines the Consequences of DUI

Any driving under the influence (DUI) charge can come with serious criminal penalties. But for noncitizens, a DUI conviction can impact immigration status as well.

For most visa and green card holders, a DUI alone does not automatically mean a loss of legal status. But loss of status can occur if a DUI leads to other violations, such as violating your terms of stay. It also might impact your ability to renew your legal status.

The consequences of a DUI vary depending on what type of visa or other documentation you have.

Green Card Holders

Green card holders (lawful permanent residents) have the lowest immediate deportation risk from a single DUI conviction. The Immigration and Nationality Act does not list DUI as a deportable offense.

However, drug-related DUIs or DUIs with aggravating factors (such as injuries to others or child endangerment) can have immigration consequences. A criminal conviction can also affect eligibility for U.S. citizenship through naturalization.

Work Visa Holders

Work visa holders may face immediate consequences. The federal government’s”prudential revocation“framework allows the U.S. Department of State to cancel visas automatically following a DUI arrest. This rule applies regardless of whether criminal proceedings result in a conviction.

When a work visa holder faces DUI charges, their visa becomes invalid within days. It does not automatically terminate your legal status. However, if you leave the U.S., it prevents reentry unless you obtain a new visa.

In most states, a first-offense DUI with no aggravating factors is a misdemeanor. However, it can still create substantial immigration risk as it could implicate a person’s good moral character, which is important for visa renewals.

Student Visa Holders

Student visa holders on F1 status are in a similar position to other nonimmigrant visa holders. They can face visa revocation for a DUI.

International students must obey all laws as a condition for their continued stay in the country. A criminal conviction can equate to a failure to maintain their F1 status, which can lead to:

• Termination of their SEVIS record
• Loss of their employment authorization

School officials are often required to report disciplinary actions against students, particularly if the action resulted from criminal convictions. The U.S. Department of State has the authority to conduct an investigation concerning visa revocation based on a DUI arrest or conviction.

Tourist and Visitor Visa Holders

When a tourist or business visa holder (B1/B2) gets arrested for drunk driving, this creates an immigration concern.

B1/B2 visa holders may need to undergo a medical examination. This applies to B1/B2 visa holders who have had one drunk driving arrest in the past five years or multiple arrests in the past 10 years. The U.S. government has a panel of physicians you can visit for a medical examination before getting another visa.

Nonimmigrants and other foreign nationals with a U.S. visa should consult an immigration attorney. They can explain how a DUI arrest or conviction can affect your immigration status.

Unauthorized Immigrants

Someone who is undocumented or who has overstayed their visa might be deported if they get a DUI. The DUI itself doesn’t trigger deportation, but it will draw attention from Immigration and Customs Enforcement (ICE). They’ll begin removal proceedings if they find that someone is undocumented or unauthorized.

Federal Immigration Law and DUI

U.S. immigration law addresses DUI through multiple complex provisions. Section 1227 of the Immigration and Nationality Act governs deportable foreign nationals. It includes grounds for crimes involving moral turpitude and controlled substance violations.

Simple alcohol DUIs usually are not crimes involving moral turpitude. Oftentimes, a single DUI conviction does not trigger deportation or removal. However, aggravating circumstances can.

The most serious DUI-related provision that can risk deportation is the controlled substances provision. A DUI involving any federally controlled substance can trigger removal proceedings. This can occur even for a first offense. This includes prescription medications and cannabis. It may also include other controlled substances that may be legal under state laws but remain controlled federally.

Drug crimes may carry severe immigration consequences. It can result in mandatory detention and expedited removal proceedings.

Understanding Crimes Involving”Moral Turpitude”

It is crucial to examine the elements of the conviction to learn more about crimes involving moral turpitude. The Board of Immigration Appeals defines moral turpitude as conduct that”shocks the public conscience.”It must be”inherently base, vile, or depraved.”

One DUI charge often does not trigger deportation. But aggravating factors can transform DUI into a crime of moral turpitude. For example:

• Child endangerment charges combined with DUI create a specific intent to endanger a vulnerable person
• Driving on a suspended or revoked license adds an element of deliberate legal violation
• DUI causing serious bodily injury or death may show extreme recklessness

Recent federal case law provides important protections. For example, the Supreme Court’s decision in Leocal v. Ashcroft prevents DUI from being classified as an aggravated felony.

However, federal courts remain divided on whether DUI causing injury counts as moral turpitude. The Eighth Circuit found that DUI combined with child endangerment did.

Changes in Immigration Policies Related to DUI

Several significant policy changes have happened in the past few years concerning DUI-related immigration consequences.

State Department Visa Revocation Policy

One of the most immediate changes that affects DUI cases is the”prudential revocation”policy. Under 9 FAM 403.11-5(B)(c), the State Department now automatically revokes U.S. visas for DUI arrests before conviction. This policy affects all nonimmigrant visa holders.

As we mentioned above, this does not mean automatic deportation. However, it creates a travel restriction as it requires those affected to apply for a new U.S. visa for international travel.

Protect Our Communities from DUIs Act

In February 2024, the House of Representatives recently passed H.R. 6976, or the”Protect Our Communities from DUIs Act.”This Act makes any DUI conviction a ground for inadmissibility or deportation, regardless of the circumstances. The House later introduced the Act as H.R. 875 with a new title.

However, it’s important to note that this has not yet been signed into law.

Medical Examination Requirements

Medical re-examination requirements apply in certain cases. This happens when USCIS officers discover an unreported DUI history that contradicts the original medical examination.

USCIS officers may require people seeking immigration benefits to undergo re-examination if:

• They have one DUI arrest or conviction within the past five years
• Two or more DUI arrests or convictions within the past ten years

The USCIS requires these re-examinations, particularly if the civil surgeon did not consider them during the original examination. The re-examination assesses alcohol use disorder. It can also result in Class A medical condition findings. These findings can make applicants inadmissible under health-related grounds.

Protect Your Immigration Status, Seek Legal Help

If you are facing criminal charges related to a DUI offense and are concerned about your immigration status, seek legal help. A DUI criminal defense attorney or an immigration lawyer can help you during these challenging times. You can speak with them confidentially, including about your immigration status. They’ll explain the charges and potential consequences. They can also provide legal advice and work to reduce the risk of deportation.