Summer, alcohol and steering wheel. A combination that could result in fatal accidents in the worst case scenario, as well as thousands of dollars in fines and years in prison. But when it comes to an undocumented driver, an arrest could lead to deportation under the crimes of moral turpitude.
New York’s drunk driving laws are among the strictest and most complex in the nation. In general, most states have two types of DUI (Driving Under the Influence), but New York has five general categories of impaired driving offenses.
DWI (Driving while intoxicated). Operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or more (0.04% or more for commercial drivers) or cognitive impairment to a “substantial degree.” DWI is a more serious crime, as it refers to driving under a high amount of intoxication, while DUI is used to classify a case in which the driver operates a vehicle while moderately intoxicated.
DWAI for alcohol (driving with a high degree of impairment). Operating a vehicle while the ability to drive reasonably and safely has been impaired in any way by alcohol.
DWAI por drogas. Operating a vehicle while the ability to drive reasonably and safely has been impaired in any way by drugs.
DWAI Combination. Motorists who operate a vehicle while their ability to drive reasonably and safely has been impaired to any degree by a combination of alcohol and drugs.
aggravated DWI. Operating a vehicle with a BAC of .18% or more or driving under the influence with a passenger who is 15 years of age or younger.
The penalties for a conviction depend on the classification of the offense and the number of prior convictions the driver has in a given period of time.
In New York State, penalties for an alcohol or drug-related offense include loss of driving privileges, fines and possible jail time, the DMV warns. on your website.
| VIOLATION | MORE | MAXIMUM SENTENCE IN PRISON | LICENSE SUSPENSION |
|---|---|---|---|
| Aggravated Driving While Intoxicated (AGG DWI). | $1,000 – $2,500 | 1 year | Revoked for at least one year. |
| Second AGG DWI offense in 10 years (felony E). | $1,000 – $5,000 | 4 years | Revoked for at least 18 months. |
| Third AGG DWI offense in 10 years (felony D). | $2,000 – $10,000 | 7 years | Revoked for at least 18 months. |
| Driving while intoxicated (DWI) or driving under the influence of a drug (DWAI-Drug). | $500 – $1,000 | 1 year | Revoked for at least six months. |
| Second DWI or DWAI-Drug offense in 10 years (felony E). | $1,000 – $5,000 | 4 years | Revoked for at least one year. |
| Third DWI or DWAI-Drug offense in 10 years (D felony). | $2,000 – $10,000 | 7 years | Revoked for at least one year. |
| Driving while impaired by a combination of alcohol/drugs (combination DWAI). | $500 – $1,000 | 1 year | Revoked for at least six months. |
| Second DWAI combination offense in 10 years (felony E). | $1,000 – $5,000 | 4 years | Revoked for at least one year. |
| Third DWAI combination offense in 10 years (D felony). | $2,000 – $10,000 | 7 years | Revoked for at least one year. |
| Driving while impaired by alcohol (DWAI). | $300 – $500 | 15 days | Suspended for 90 days. |
| Second offense of DWAI violation in 5 years | $500 – $750 | 30 days | Revoked for at least six months. |
| Third or subsequent DWAI offense within 10 years (Misdemeanor). | $750 – $1,500 | 180 days | Revoked for at least six months. |
| Zero Tolerance Law (A driver who is under 21 years of age and driving with a BAC of .02 to .07 BAC violates the Zero Tolerance Law). | $125 civil fine and $100 fee to end suspension. | None | Revoked for at least six months. |
| Second violation of the Zero Tolerance Law. | $125 civil penalty and $100 reapplication fee. | None | Revoked for one year or until age 21 |
| Chemical Test Refusal (A driver who refuses to submit to a chemical test, typically a breath, blood, or urine test.) | $500 civil fine ($550 for commercial drivers). | None | Revoked for at least one year, 18 months for commercial drivers. |
| Chemical Test Refusal within five years of a prior DWI/Chemical Test Refusal charge. | $750 civil fine. | None | Revoked for at least 18 months, one year, or until age 21 for drivers under 21, permanent CDL revocation for commercial drivers. |
| Chemical Test Rejection – Zero Tolerance Law. | $300 civil penalty and $100 reapplication fee. | None | Revoked for at least one year. |
| Chemical test rejection – Second or successive violations of the Zero Tolerance Law. |
$750 civil penalty and $100 reapplication fee. | None | Revoked for at least one year. |
| Driving under the influence (out of state) | N/A | N/A | Revoked for at least 90 days. If you are under 21, revoked for at least one year. |
| Driving under the influence (out of state) with any prior alcohol and drug violations. | N/A | N/A | Revoked for at least 90 days (longer term with certain prior crimes). If under 21, revoked for at least one year or until age 21 (longer term). |
HOW LONG WILL A DWI OR DWAI STAY ON YOUR RECORD?
Many states have a fixed “look-back” period (such as seven or ten years) that applies for all purposes. Drunk driving convictions that occurred within the lookback period generally count as prior convictions, while convictions that occurred before the lookback period do not. However, New York applies several different periods (four, five, ten, and 25 years) depending on the circumstances.
ADDITIONAL SANCTIONS
- Increased penalties may apply for multiple alcohol or drug violations within a 25-year period.
- Surcharges are added to alcohol-related misdemeanors ($260) and felonies (usually $400, but varies slightly by sentencing court).
- Three or more alcohol or drug-related convictions or refusals within 10 years may result in a permanent revocation, with a waiver request allowed after at least 5 years.
- A driver with an aggravated DWI violation conviction in the previous 10 years will receive a minimum 18-month revocation if convicted of a DWI, DWAI/drug, or DWAI/combination. In addition, a driver with a prior DWI, Aggravated DWI, DWAI/Drug, or DWAI/Combination with the prior 10 years will receive a minimum 18-month revocation.
- A driver convicted of aggravated DWI, DWI, DWAI/Drugs, DWAI/combination, aggravated vehicular assault and vehicular assault, or vehicular manslaughter and vehicular manslaughter three or more times in the preceding 15-year period is guilty of a Class D felony .
IS A DUI GROUNDS FOR DEPORTATION?
An undocumented immigrant who is arrested for a DWI may be at higher risk of being deported than other non-citizen immigrants. A criminal arrest, charge, or conviction can alert US Immigration and Customs Enforcement (ICE) to your presence in the country, especially in states where law enforcement cooperates with the agency.
The more serious the conviction, the more likely it is that deportation proceedings will be initiated. In contrast, minor infractions are less likely to prompt federal authorities to take action against an unauthorized immigrant.
Whether you are in the process of applying for a green card or already a holder, a DUI (or DWI) conviction can be detrimental to your status. Although nothing is automatic, a drunk driving conviction (or multiple convictions) can, under certain circumstances, prevent you from receiving a green card, cause you to be removed after obtaining your green card, or prevent you from eventually becoming a US citizen.
There are two separate sections of immigration law: inadmissibility and deportation.
Inadmissibility is the set of laws that can bar a person from entering the country, either when applying for an immigrant or nonimmigrant visa from abroad, or when applying for a renewal, change, or adjustment of status while in the United States. USA. But even a lawful permanent resident (green card holder) can be declared inadmissible upon returning to the country from a trip abroad, if the person was absent for 180 days or more, committed a crime before leaving, or committed a crime while staying. outside.
A single DUI conviction, without aggravating factors, may not be significant in an immigration case. However, multiple DUIs with aggravating factors may be enough to make a person inadmissible to the United States.
Being deportable means that, despite having a green card, you may be placed in immigration court proceedings (deportation), where your green card may be revoked (withdrawn). You will then be deported from the United States and barred from returning.
Possible relevant grounds for deportation, for someone with a DUI conviction, include having been convicted of:
- An aggravated felony, which includes felonies such as rape, murder, and trafficking, but also includes various other crimes such as robbery, obstruction of justice, use of false documents, smuggling, or forgery, where sentenced, or in some cases cases could have been, a year or more (note: the fact that the law of your state has classified the crime as a misdemeanor does not matter).
- A crime of moral turpitude, committed within five years of admission, for which the sentence could have been one year or more.
- A crime of violence.
- Two separate crimes involving moral turpitude.
- An offense related to a controlled substance.
Again, the circumstances of the case, and whether the person has other recorded crimes, will make a difference in whether the DUI results in deportation.
CAN A DUI PREVENT US CITIZENSHIP?
To go from having a green card to becoming a US citizen, you must show that you have had good moral character for at least the last five years before you apply. With a DUI on your record, that becomes more difficult.
It can be tempting to try to hide a conviction from immigration authorities, particularly when applying for benefits. (For people who already have green cards, getting arrested often leads directly to removal proceedings.) However, lying tends to backfire. For one thing, the fingerprint check that all applicants must go through is likely to reveal the conviction. On the other hand, lying to obtain immigration benefits is itself a ground of inadmissibility, and will be seen as a sign of poor moral character.
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