Can a DUI Affect My Immigration Status? What to Know Before You Plead

If you are not a U.S. citizen, a DUI arrest can bring a lot of fear. Take a breath. The most important point comes first.

The one rule

Get immigration advice before you plead to anything.

That includes a "quick" plea at first appearance or at arraignment. The way a case ends shapes the record, and the record shapes the immigration result. If you have not talked with your lawyer about immigration consequences, you can ask the judge for time to do that before a plea.

Source: Fla. R. Crim. P. 3.172(c)(8)(B)-(C) (Florida Bar ed., Oct. 1, 2026).

The short version

Federal immigration law does not list DUI by name as its own ground for removal. Whether a particular DUI fits one of the listed categories depends on the exact Florida charge, the plea, and the sentence. Certain kinds of DUI, more than one DUI, or a DUI for someone with DACA or a pending application can change the picture. How the case ends also matters. A plea, a withhold of adjudication, and the sentence can all count.

Your DHSMV license hearing and your court case run separately from your immigration case. See our 10-day page for the license side. You have 10 days from the date your notice was issued to act on your license.

Source: 8 U.S.C. §§ 1101(a)(48)(A), 1182(a)(2)(A), 1227(a)(2); § 322.2615(1)(b)3., Fla. Stat. (2026).

Is a DUI a "deportable" offense?

Federal law lists the kinds of crimes that can make a non-citizen deportable or inadmissible. DUI is not named as its own category in those lists. The two best-known categories are a "crime involving moral turpitude" and an "aggravated felony." Whether a DUI fits either one depends on the exact charge and its elements.

A DUI can still matter in other ways: visas, DACA, naturalization, and an immigration hold after arrest. Those are below.

Source: 8 U.S.C. § 1227(a)(2)(A); 8 U.S.C. § 1182(a)(2)(A).

Does a "withhold of adjudication" protect me?

Not necessarily. Florida judges can "withhold adjudication." Federal immigration law has its own definition of "conviction." It includes a formal judgment of guilt. It also covers a case where adjudication was withheld, if:

• the person pleaded guilty or no contest (or was found guilty, or admitted enough facts), and
• the judge ordered "some form of punishment, penalty, or restraint on the alien's liberty."

A judge's order of probation or a fine is the kind of thing that can meet this test. So a withhold that helps on the Florida side may still count as a conviction on the immigration side.

Source: 8 U.S.C. § 1101(a)(48)(A).

Can a DUI be a "crime involving moral turpitude"?

A "crime involving moral turpitude" (CIMT) is a federal immigration category. The statute does not list which crimes qualify. That question is decided offense by offense, based on the exact charge.

Under the deportation statute, a CIMT makes a person deportable in two main situations:

• one CIMT committed within five years after admission (ten years in some cases), for a crime that can carry a sentence of one year or longer; or
• two or more CIMTs at any time after admission that did not arise from a single scheme.

Because the exact charge matters, the charge you plead to can matter as much as what happened. Ask an immigration lawyer before any plea, especially if a driving-while-suspended charge or other charge is filed with the DUI.

Source: 8 U.S.C. § 1227(a)(2)(A)(i)-(ii); 8 U.S.C. § 1182(a)(2)(A)(i)(I).

Can a DUI be an "aggravated felony"?

Despite the name, "aggravated felony" is a federal immigration term with a fixed list. One item is a "crime of violence" for which the term of imprisonment is at least one year.

The U.S. Supreme Court has held that a Florida DUI offense that does not require any particular state of mind about using force against another person is not a "crime of violence" under the federal definition. That case involved a Florida DUI that caused serious bodily injury.

Source: 8 U.S.C. § 1101(a)(43)(F); 18 U.S.C. § 16; 8 U.S.C. § 1227(a)(2)(A)(iii).

What about more serious DUI charges?

Florida has more serious forms of DUI. These call for careful immigration review before any plea:

Source: § 316.193(2)(b), (3), (4); § 322.34, Fla. Stat. (2026); 8 U.S.C. § 1227(a)(2)(E)(i).

I have DACA. Can one DUI affect it?

Yes. This is one of the most important points on this page.

Under the DACA regulation, a person must not have been convicted of a felony, a misdemeanor described in the regulation, or three or more other misdemeanors. The regulation lists driving under the influence as one of those misdemeanors. It applies "Regardless of the sentence imposed."

So for a DACA recipient, a single DUI conviction can be disqualifying, even with no jail time. If you have DACA, talk to an immigration lawyer before you plead. The DACA program has also been the subject of court cases, so ask a lawyer where it stands today.

Source: 8 C.F.R. § 236.22(b)(6).

I want to become a U.S. citizen. Does a DUI matter?

To naturalize, an applicant must show good moral character during the required period (generally the five years before applying). USCIS may also look at conduct before that period.

• One DUI: not one of the listed automatic bars. USCIS can still consider it when it decides good moral character.
• Two or more DUIs: the USCIS Policy Manual says: "Evidence of two or more DUI convictions during the statutory period establishes a rebuttable presumption that an alien lacks GMC." The applicant can try to overcome it with strong evidence. The Manual adds that efforts to reform after the convictions "do not in and of themselves demonstrate GMC" for that period.
• "Habitual drunkard": federal law says no one can be found to have good moral character if, during the required period, they are or were "a habitual drunkard." The Manual notes that multiple DUI convictions may be an indicator.

Source: 8 U.S.C. § 1427(a)(3), (e); 8 U.S.C. § 1101(f)(1); USCIS Policy Manual, Vol. 12, Part F, Ch. 5, §§ J and K.1 (read 10/26/2026).

I'm in the U.S. on a visa. Can a DUI arrest affect it?

It can, even an arrest without a conviction. The State Department's manual for consular officers addresses DUI directly.

• Visa revocation. The manual allows revocation of a visa based on a DUI arrest or conviction within the previous five years. It also makes DUI an exception to the usual rule against revoking the visa of someone already in the United States.
• Medical referral at a visa interview. Consular officers are told to refer applicants to a "panel physician" for a medical exam if they have "A single alcohol related arrest or conviction within the last five years," or "Two or more alcohol related arrests or convictions with the last ten years," or other evidence of an alcohol problem.

What a revoked visa means for your current stay depends on your status. If you hold a visa, talk to a lawyer before you leave the United States while a DUI is pending or after one is resolved.

Source: 9 FAM 403.11-3(A)(4), 403.11-3(B) para. b, 403.11-5(B); 9 FAM 302.2-7(B)(3), para. b (read 10/26/2026). The second quoted phrase is copied as printed in the source ("with the last ten years").

What is an ICE detainer? Can it happen after a DUI arrest?

An immigration detainer is a request from the Department of Homeland Security to the jail. The federal regulation says it "serves to advise another law enforcement agency that the Department seeks custody of an alien presently in the custody of that agency, for the purpose of arresting and removing the alien." Under the regulation, the jail is to hold the person no longer than 48 hours (not counting Saturdays, Sundays, and holidays) so DHS can take custody.

In Florida, state law requires a law enforcement agency holding a person subject to a detainer to tell the bond judge, note it in the case file, notify the state attorney, and, when the detainer meets the statute's requirements, comply with it.

This means a person can stay in jail for a short time even after bond is posted, if DHS has sent a detainer. Calling a lawyer early helps.

Source: 8 C.F.R. § 287.7(a), (d); § 908.105(1), Fla. Stat. (2026).

Why get advice before I plead?

Because the plea shapes the record, and the record shapes the immigration result.

• Your defense lawyer. Tell your defense lawyer your status, so the two of you can talk about immigration risk before any plea.
• The judge's warning in Florida. Before accepting a plea, a Florida judge must make sure the defendant understands that if the defendant is not a citizen, a finding of guilt and acceptance of a guilty or no contest plea, "regardless of whether adjudication of guilt has been withheld, may have the additional consequence of changing his or her immigration status, including deportation or removal from the United States."
• Time to think. The rule says the court "should advise the defendant to consult with counsel" if more information is needed. If you have not discussed deportation consequences with counsel, the court must, on request, allow "a reasonable amount of time" to consider the plea. The court "must not require at the time of entering a plea that the defendant disclose his or her legal status in the United States."

The judge's warning is general. It is not a substitute for advice about your own case.

Source: Fla. R. Crim. P. 3.172(c)(8)(A)-(D) (Florida Bar ed., Oct. 1, 2026).

What should I do if I'm not a U.S. citizen and was arrested for DUI?

1. Do not plead to anything until you have had immigration advice. That includes quick pleas at first appearance or arraignment.
2. Gather your immigration papers. Copies of your green card, visa, I-94, work permit, DACA approval notice, any pending application receipts, and any past immigration court papers.
3. Tell your lawyer your exact status. What you tell your lawyer is confidential. A lawyer can't protect you from a consequence they don't know about.
4. Gather your prior record. Any prior arrests or convictions, in any state or country, including old DUIs.
5. Ask before you travel. If you hold a visa, talk to a lawyer before leaving the United States.
6. Stay calm and keep your court dates. Missing court creates new problems.

Need a place to start? Print our checklist on the first 24 hours page. It has a spot for immigration papers.

More on immigration and crimes

Read our wider page: Immigration consequences of criminal charges.

Related pages

• Back to the DUI hub
• Immigration consequences of criminal charges
• The DUI 10-day rule
• What to do in the first 24 hours
• Refusing a breath test in Florida

Call or WhatsApp: (305) 209-0384

Tell us your status in confidence. We will tell you what to ask before any plea. English or Spanish. 24 hours. Dennis Gonzalez Law, P.A. Our lead attorney is a former Miami-Dade prosecutor.

This page is general information, not legal advice for your case.

Law as of October 26, 2026. Last reviewed: October 26, 2026. Reviewed by the attorneys of Dennis Gonzalez Law, P.A.