What Are the Immigration Consequences of a DUI Conviction in San Diego?

Posted on: January 9th, 2026 by Dod Law

Immigration Consequences of a DUI

A DUI conviction can harm your immigration status in unexpected ways. What seems like a minor offense can lead to visa revocation, denial of a green card, or deportation. Non-citizens face more than fines and license suspension, making early legal representation vital.

At Dod Law, we know how DUI charges affect immigration. With over two decades of experience and more than 6,500 criminal cases handled, our team builds defense strategies to protect both your criminal and immigration status. We work to limit the impact on your future in the U.S.

How Does a DUI Affect Immigration Status in San Diego?

A DUI conviction creates immediate immigration issues. Authorities see DUIs as a sign of character issues, especially with aggravating factors. The consequences depend on your immigration status and the details of your case.

For visa holders, a DUI conviction can result in visa denial or revocation. Green card applicants may face application denials. Those already holding permanent residency risk removal proceedings, especially with multiple DUI convictions or aggravated circumstances.

What Makes a DUI an Aggravated Felony for Immigration Purposes?

Not all DUI convictions carry the same weight in immigration. The U.S. Citizenship and Immigration Services distinguishes between simple DUIs and those classified as aggravated felonies under federal immigration law.

A DUI becomes an aggravated felony when it involves:

• Causing serious bodily injury or death to another person
• Operating a vehicle with a suspended or revoked license due to a prior DUI
• Third or subsequent DUI conviction within a specific timeframe
• Blood alcohol content significantly exceeding the legal limit
• Presence of minor passengers in the vehicle

Aggravated felonies require mandatory deportation for non-citizens, often with little chance for relief. Even long-term permanent residents can be removed for a single aggravated felony DUI.

Can a Simple DUI Lead to Deportation in San Diego?

Even a first DUI can risk deportation. Judges view DUIs as moral character issues, especially for naturalization applications.

The California DMV reports DUI convictions to federal immigration authorities, triggering possible immigration consequences immediately after conviction, even for minor offenses.

How Do Multiple DUI Convictions Affect Immigration Cases?

Multiple DUIs sharply increase immigration consequences. A second DUI within ten years often leads to removal proceedings. Repeat offenses are seen as evidence of criminal behavior and poor moral character.

Repeat DUI offenders face enhanced penalties at both state and federal levels. For non-citizens, these enhanced penalties extend to immigration proceedings where judges have limited discretion in deportation cases.

What Defense Strategies Protect Immigration Status During DUI Cases?

Building a defense that addresses both criminal and immigration consequences requires specific strategies. Fighting the underlying DUI charge provides the best protection against immigration consequences. If the criminal case results in dismissal or acquittal, immigration authorities cannot use the arrest against you.

Alternative outcomes may help preserve immigration status. Some plea deals avoid deportable convictions. “Wet reckless” pleas usually have less impact than DUIs. Our attorneys seek these results to protect your right to stay.

Does Expunging a DUI Remove Immigration Consequences in California?

California allows some DUI convictions to be expunged, but expungement has little effect on immigration. Federal law works separately from state expungements.

Immigration courts and USCIS continue to consider expunged convictions when evaluating applications. The conviction remains part of your immigration record even after a state court expungement. Only direct relief through criminal appeals or habeas corpus proceedings can potentially eliminate immigration consequences.

What Should Non-Citizens Do After a DUI Arrest in San Diego?

Time is crucial after a DUI arrest. Non-citizens should seek legal counsel who understands both criminal and immigration law right away. Statements during arrest can affect both cases.

Avoid discussing your immigration status with law enforcement without an attorney present. Do not sign any documents related to your immigration status without legal advice. Dod Law coordinates defense across both legal areas to protect your future.

Contact Dod Law for DUI Defense That Protects Your Immigration Status

A DUI conviction can affect your future in the United States. Consequences are not just criminal—they also impact immigration status. Multiple or aggravated DUIs increase the risk of deportation. Fast, experienced legal help is crucial to protect your immigration options.

Our team at Dod Law has defended thousands of clients facing criminal charges in San Diego. We understand how DUI convictions affect immigration status and work to minimize these consequences at every stage of your case. To schedule a free consultation with a member of our first-class legal team, call us today at our San Diego office (619) 814-5110 | Orange County office 949-681-7020  | Vista office 760-814-6025 | or schedule an appointment by filling out our online contact form