How Can a Crimmigration Lawyer Help with DUI Charges in New York?

Being charged with Driving Under the Influence (DUI) in New York is already a serious matter, but for non-citizens, the consequences are even more severe. A DUI conviction can affect not only your criminal record but also your immigration status. Many immigrants facing DUI charges often ask, “How can a crimmigration lawyer help with DUI charges?”

At The Law Office of Yifei He PLLC, we focus on both immigration law and crimmigration, the intersection of criminal and immigration law. With offices in New York, NY, we provide tailored legal defense to protect your rights, your immigration status, and your future. Call us today at 917-338-7678 or visit our Contact Us page to schedule a consultation.

Why DUI Charges Are Especially Serious for Immigrants

For U.S. citizens, a DUI charge typically results in criminal penalties such as fines, license suspension, or even jail time. But for immigrants, a DUI conviction can also lead to:

• Deportation proceedings
• Inadmissibility to the U.S.
• Denial of green card or citizenship applications
• Loss of current immigration benefits

Are DUIs Considered a Crime of Moral Turpitude in New York?

In New York, a DUI (Driving Under the Influence) conviction does not automatically fall under the category of a crime of moral turpitude (CMT). Instead, immigration authorities often look at the circumstances of the offense to determine whether it rises to that level. The key factors usually include the driver’s intent and the degree of recklessness involved.

For example, a first-time DUI without aggravating elements is generally not considered a CMT. But when additional factors are present—such as driving while a license is suspended, causing harm to another person, or engaging in conduct that shows extreme disregard for human life—the offense may be treated differently and classified as a CMT.

This distinction exists because not every DUI reflects the type of conduct that immigration law considers morally reprehensible. However, when the behavior demonstrates a heightened level of recklessness or endangerment, it can cross that line. For non-citizens, this determination carries significant weight, as a CMT finding can trigger serious immigration consequences, including deportability or bars to relief, even for lawful permanent residents.

Because the outcome depends so heavily on the specific facts of each case, having a lawyer who understands both criminal defense and crimmigration law can be critical to protecting your rights.

How Can a Crimmigration Lawyer Help with DUI Charges?

A crimmigration lawyer is uniquely positioned to handle DUI cases for immigrants because they understand how criminal convictions affect immigration status. Here’s how they can help:

1. Protecting Your Immigration Status

A crimmigration lawyer ensures your defense strategy considers not just criminal penalties but also immigration consequences. For example, certain plea deals may seem favorable in criminal court but could make you deportable. An experienced attorney can help you avoid such pitfalls.

2. Challenging the DUI Charge

Your lawyer may examine whether law enforcement followed proper procedures, whether breathalyzer or blood test results were accurate, and whether your constitutional rights were respected. A successful challenge can reduce or dismiss your charges, minimizing immigration risks.

3. Negotiating Alternatives

If dismissal is not possible, a crimmigration lawyer can negotiate for lesser charges that carry fewer or no immigration consequences. This strategy can be critical in preserving your legal status in the U.S.

4. Preparing for Immigration Proceedings

If your DUI charge triggers removal proceedings, your lawyer can represent you before immigration courts, file necessary waivers, and fight to keep you in the country.

5. Guidance on Future Applications

A DUI conviction can complicate applications for green cards, citizenship, or visas. Yifei He is a skilled crimmigration lawyer that will advise you on the best approach to future applications while mitigating risks from past charges.

DUI and Deportation in New York: What You Need to Know

While a single DUI offense may not always lead to deportation, it depends on the circumstances:

• Aggravated DUI: Involving serious injury, death, or repeat offenses may be considered a deportable crime.
• DUI with Other Crimes: If paired with offenses like driving without a license, reckless driving, or drug-related charges, it increases the likelihood of deportation.
• Immigration History: Prior immigration violations combined with a DUI can make your situation more precarious.

Having a lawyer well-versed in crimmigration ensures that all aspects of your case are evaluated with both criminal and immigration consequences in mind.

Why Choose The Law Office of Yifei He PLLC?

• Expertise in Immigration and Criminal Law: We are one of the few law firms in New York dedicated to crimmigration defense.
• Proven Track Record: We have successfully represented immigrants in both DUI cases and deportation defense.
• Personalized Legal Strategy: Every client receives a tailored defense designed to protect both their freedom and their immigration status.

Don’t leave your future to chance. Call 917-338-7678 or visit our Contact Us page to speak with an experienced crimmigration lawyer today.

Call to Action: Protect Your Rights and Your Future

If you are an immigrant facing DUI charges in New York, it’s critical to act fast. The consequences can extend far beyond fines or jail time your very ability to stay in the U.S. could be at risk.

Contact the Law Office of Yifei He PLLC today at 917-338-7678 or schedule a consultation through our Contact Us page. Our dedicated team specializes in crimmigration defense and will fight to protect your rights, your status, and your future.

Your freedom and immigration status are too important to risk take action now.

Tags: Criminal Law, Immigration, Immigration Law
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