Can a Texas DWI lead to removal proceedings?
It depends on the offense and the record behind it. A first, misdemeanor DWI under Tex. Penal Code §49.04 with no other criminal history is unlikely on its own to start removal proceedings. A felony DWI, a drug related DWI, a prior drug conviction, or a history of convictions makes it possible, and often probable, that an immigration judge places the person in removal proceedings.
- Visa holders and lawful permanent residents can be removed from the United States for criminal conduct.
- DWI in Texas is charged under §49.04 of the Texas Penal Code.
- A first misdemeanor DWI, standing alone, is unlikely to trigger removal proceedings.
- Felony DWI, a drug related DWI, a prior drug conviction, or a pattern of convictions changes that answer.
- Some offenses almost always trigger removal, including domestic violence, sexual assault, drug crimes and fraud offenses.
Are you in the United States on a visa? Or, are you a lawful permanent resident (Green Card holder) who is living and working in the US? Either way, you may be wondering if a conviction for driving while intoxicated (DWI) under Section 49.04 of the Texas Penal Code can lead to removal proceedings.
For starters, DWI is a very common offense that is committed by people from all types of backgrounds and educational levels – a lot of the people who find themselves facing DWI charges do not have criminal
records from before the DWI arrest. It is also not uncommon for non-US citizens to find themselves charged with DWI. In these situations, almost every immigrant charged with DWI wants to know if the DWI can lead to removal proceedings.
Texas DWI & Deportation
Whenever someone is in the US and they are not a US citizen, they can be removed from the country for bad behavior. While in the US, visa and Green Card holders are expected to abide by US state and federal laws, and if they violate one of the US laws, they face the possibility of deportation, which is now called “removal proceedings.”
Not all crimes lead to removal proceedings, but much of it has to do with the seriousness of the offense and the offender’s criminal history. For example, certain crimes almost, if not always, automatically trigger
removal proceedings, such as:
- Child abuse
- Domestic violence
- Sexual assault (rape)
- Drug crimes
- Fraud-related crimes
- Immigration fraud
- Document fraud
- Violent crimes
What about DWI? Will a DWI offense cause a Green Card holder to be placed into removal proceedings? It depends. If it was a misdemeanor DWI andit was the offender’s first criminal offense ever, it is unlikely
that it will lead to removal proceedings. On the other hand, if it was a felony DWI, or if they have a prior drug conviction, or if it was a drug-related DWI, or if the offender has a history of criminal convictions,
it is possible (if not probable) that the DWI will cause an immigration judge to place the defendant in removal proceedings.
Next: When is a Texas DWI a Felony?
If you are an immigrant facing DWI charges in Dallas, or if you have a loved one who is, contact DWI Attorney Peter Barrett for a free case evaluation.
Common questions
Does every DWI put a Green Card holder at risk of deportation?
No. Much depends on the seriousness of the offense and the person's criminal history. A single misdemeanor DWI with no prior record is unlikely to lead to removal proceedings on its own.
Which offenses almost always trigger removal proceedings?
Child abuse, domestic violence, sexual assault, drug crimes, fraud related crimes, immigration fraud, document fraud and violent crimes are the categories that most often trigger proceedings.
What makes a DWI more dangerous for immigration purposes?
A felony DWI rather than a misdemeanor, a DWI involving drugs rather than alcohol, a prior drug conviction, or a record of earlier criminal convictions.
The law this article describes, at the source. Every figure above can be checked against it.
This article is general legal information about Texas law, not legal advice about your case. Reading it does not create an attorney-client relationship. Laws change, so confirm the current rule with a licensed Texas criminal defense attorney about your specific facts. Request a free case review.