How DUI and DWAI Charges Can Trigger Immigration Consequences for Green Card Holders

If you are a lawful permanent resident (green card holder) charged with DUI or DWAI in Colorado, the consequences may reach far beyond criminal court. While many people assume immigration issues only arise after a conviction, that is not always the case — and recent legal and political developments make early legal guidance more important than ever.

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DUI and Green Card Holders: The Law Is Stricter Than Many Realize

Under current federal law, a single, non-aggravated DUI conviction has not always automatically triggered deportation. But that does not mean green card holders are safe from immigration enforcement.

In reality, DUI and DWAI charges can expose non-citizens to serious immigration consequences at multiple stages — including immediately after arrest.

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ICE Can Take Custody After Arrest — Not Just After Conviction

Many green card holders are surprised to learn that ICE agents can take custody of a non-citizen after a DUI arrest, even before the criminal case is resolved.

This can occur when:

• Local law enforcement shares arrest information with federal authorities
• ICE determines the individual may be removable or inadmissible
• Immigration authorities believe the offense qualifies for enforcement priority

In these situations, a person may be released from local custody — only to be transferred directly into immigration detention.

This risk exists even before guilt or innocence is determined in criminal court.

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DUI and Crimes of Moral Turpitude (CIMTs)

Immigration law treats certain offenses as Crimes Involving Moral Turpitude (CIMTs). Courts have defined a CIMT as conduct so inherently wrongful that it “shocks the conscience.”

Crimes that fall into this category often include:

• Violent offenses
• Crimes involving recklessness or disregard for human safety
• Offenses that violate public trust or demonstrate dangerous behavior

While DUI is not automatically classified as a CIMT in every case, courts and immigration authorities have repeatedly treated DUI-related conduct as morally turpitudinous when aggravating factors are present — and enforcement standards continue to tighten.

This means DUI allegations can:

• Trigger immigration scrutiny
• Be used as a basis for detention
• Be cited in admissibility or deportation proceedings
• Complicate reentry after travel outside the U.S.

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Proposed Federal Law Could Dramatically Expand DUI Immigration Consequences

Pending federal legislation — the Protect Our Communities From DUIs Act — would significantly change the rules for non-citizens.

If enacted, the law would:

• Make any DUI conviction a deportable offense
• Render non-citizens inadmissible if they have:
  • A DUI conviction, or
  • Admitted to driving while intoxicated — even without arrest or conviction
• Create severe risks for green card holders who leave the U.S. and attempt reentry

Legal analysts widely expect this bill to advance through Congress. While it is not yet law, it signals a clear shift toward much harsher immigration enforcement tied to DUI conduct.

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Why Early Defense Matters More Than Ever

For green card holders, the danger is not just what happens in criminal court — it’s what happens afterward.

• Statements made during a DUI case can later be used in immigration proceedings
• A plea that seems minor today may carry life-altering consequences tomorrow
• Enforcement priorities can change faster than criminal statutes

Once immigration consequences are triggered, they are often difficult — or impossible — to undo.

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How Pav Law Protects Green Card Holders Facing DUI or DWAI Charges

At Pav Law, we take a proactive, immigration-aware approach to DUI and DWAI defense. We understand how criminal cases intersect with federal immigration enforcement — and how quickly situations can escalate.

Our goal is not just to resolve the DUI charge, but to protect your ability to live, work, and remain in the United States.

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