DUI charges in Phoenix can have serious impacts on your immigration status. In certain cases, it can lead to being placed into removal proceedings and being deported from the United States. Certain immigration statuses, such as those that have DACA, can lose their status if they are convicted of a DUI. A DUI ranges in severity, but all classes can be serious depending on your immigration status.. As an immigrant facing this charge, you should seek legal help right away to start building a strong defense.
At Vianey K. Hurtado Law, we recognize the seriousness of DUI charges. We provide you with a knowledgeable legal team and a strategic defense.With the help of our legal team and experts, we will advocate for your rights as an immigrant. Our law firm serves the areas of Phoenix.
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A DUI is a complex subject with various charges depending on the specific crime. There are 5 kinds of DUI's in Arizona - impaired to the slightest degree, regular, extreme, super extreme, and aggravated. Each one comes with unique penalties and consequences.
This crime can lead to potential immigration consequences such as, inability to obtain legal status, inability to apply for naturalization for a period of time, and in extreme cases, removal from the United States. Although a standard misdemeanor DUI may not always be a removable offense, it can lead to removal proceedings in cases involving those with no legal status in the United States. Given that DUIs have mandatory jail time involved, it can lead a non-citizen to come to the hands of Immigration and Customs Enforcement (ICE), jeopardizing your ability to remain in the United States. It can also make the naturalization process extremely hard for lawful permanent residents.
Arizona defines and categorizes DUI's based on the following criteria:
Regular 1st Offense (A.R.S 28-1381) -
A regular 1st offense DUI is punishable by up to 10 days in jail, $1,460 in fines, possibly community restitution, and license suspension.
Regular 2nd Offense (A.R.S 28-1381) -
A regular 2nd offense DUI is punishable by up to 90 days in jail, $3,420 in fines, license suspension, and 30 hours of alcohol monitoring.
Extreme 1st Offense (A.R.S 28-1382) -
Extreme 1st DUI can result in 30 days in jail, up to $2,710 in fines, license suspension, community restitution, and alcohol monitoring.
Extreme 2nd Offense (A.R.S 28-1382) -
Penalties for this charge can include 120 days in jail, up to $3,670 in fines, and license suspension. The offender can also receive an interlock device and community restitution or alcohol monitoring.
Super Extreme 1st Offense (A.R.S 28-1382) -
This charge is punishable by 45 days in jail, $3,170 in fines, $3,150 in jail charges, and license suspension. The offender can also face community restitution, 30 days or more of alcohol monitoring, and an interlock device after license suspension.
Super Extreme 2nd Offense (A.R.S 28-1382):
For a charge of this nature, the penalties are up to 180 days in jail and up to $4,590 in fines. Offenders will also face license suspension, an interlock device after license suspension, and alcohol monitoring.
Aggravated DUI (A.R.S 28-1383) -
An Aggravated DUI is a felony offense and falls under a Class 6 felony or a Class 4 felony depending on the specific crime. The penalties can include at least 4 months in prison, a revoked license, and an interlock device.
The offender may also experience an increase in car insurance premiums for the next 3 years.
A DUI puts your immigration status in jeopardy. Misdemeanor DUI's are less likely to have harsh consequences than a felony DUI, but both types put you at risk, depending on your current immigration status.
An immigrant can face deportation or denial for re-entry to the United States if:
A DACA recipient will also face harsh consequences if they are convicted of a DUI, even at the lowest level, as DUIs are considered significant misdemeanors. If a DACA recipient is convicted of a DUI, they could lose their current DACA and even the ability to renew in the future. Attorney Vianey has significant experience representing DACA recipients in these types of cases. Even if you are a DACA recipient and have a DUI conviction, there are motions that can be presented to the criminal court after all sentencing terms are completed and fines are paid, in an attempt to preserve your DACA status or future DACA renewal. Attorney Vianey is dedicated to analyzing your case and coming up with a strategy that can assist in minimizing immigration consequences.
The Immigration and Nationality Act states that immigrants convicted of a crime with a year or longer sentence are also at risk of deportation, as in some cases, convictions can be considered Crimes Involving Moral Turpitude (CIMT) or even Aggravated Felonies.
There are several common defenses that can help you avoid or reduce your DUI conviction. These defenses include:
If you are an immigrant facing DUI charges in Arizona, it's best to seek legal help. A criminal defense attorney that specializes in immigration can form a strong defense. They can also advise for post-conviction relief if the charge constitutes deportation or removal.
At Vianey K. Hurtado Law, our team is willing to do everything possible to fight for you. We provide an equipped legal team to members of the Phoenix and Yuma communities. We will create a relevant strategy to achieve the best outcome for your case.
If you need a DUI immigration attorney in Phoenix, Arizona, contact us today. We will provide you with a thorough case evaluation.
