Does Being Convicted of DUI Affect DACA?

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DACA, or ‘Deferred Action for Childhood Arrivals,’ provides deportation relief to some young individuals who were illegally brought to the United States. However, after numerous legislative changes, the DACA program is currently facing many difficulties. The government is not accepting first-time applicants or granting all renewals at this time. Still, there are many people still living in the U.S. with DACA. These individuals should be aware of how a DUI could affect their DACA status.

DACA Consequences of DUI Arrest

If you are arrested for DUI, this means that the officer had enough evidence and probable cause to believe you committed the crime. However, this does not mean that you are guilty.

If you are arrested for DUI, your DACA status will generally not be affected. However, an arrest could slow the process for individuals who are filing or renewing DACA applications. The process may need to be halted until after the criminal case has been sorted.

DACA Consequences of a DUI Conviction

If you are convicted of DUI, this means you are officially found guilty of committing the offense. This can have serious consequences on DACA.

DUI is considered a serious misdemeanor under DACA guidelines. Typically, a misdemeanor DUI offense won’t lead to an individual’s DACA being revoked or deportation. However, a DUI conviction is likely to prevent someone from renewing or applying for DACA relief.

Generally, if a DACA recipient or applicant is convicted of a crime that makes them appear to be a threat to national safety, they may be barred from living in the United States.

In addition to immigration consequences, individuals convicted of DUI face criminal penalties including:

  • Jail time
  • Fines
  • Probation
  • Loss of driver’s license

DUI Defense in Fresno

Contact Schweitzer & Davidian today to get started on your defense after an unexpected DUI arrest. A DUI conviction can have numerous consequences that affect your future, especially for those in the U.S. with DACA. We want to help protect you and keep your criminal record clear. Reach us at (559) 206-2322 or click here for our easy-to-use online consultation request form.