Even a misdemeanor conviction for driving while under the influence of alcohol or drugs may negatively impact a Deferred Action/Dream Act (DACA) applicant or recipient. There are a wide variety of criminal offenses that can bar you from the benefits of DACA, but this article will strictly focus on DUI offenses. Remember that DACA simply represents an opportunity for a non-citizen to get discretionary relief. Any criminal record could potentially result in a discretionary denial.
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.
If you are charged with a DUI in San Diego County, contact our firm. We work to obtain the best possible outcome for our clients. Our proven approach is forged by experience. Call us at (858) 751-4384.
Strict Requirements
There are a number of very strict DACA requirements. For example, an applicant may not have convictions for any felony, significant misdemeanor or multiple misdemeanors. Also, he or she must not pose any threat to national security or public safety.
The term “significant misdemeanor” should be closely examined. Misdemeanor DUIs are deemed to be significant misdemeanors under the terms of the Act. This means that a single conviction for misdemeanor DUI could result in a denial of relief under DACA. A felony DUI conviction is automatically a reason for denial under the Act’s felony provision.
What Is a Significant Misdemeanor?
The “significant misdemeanor” standard is unique to DACA. It is defined as a local, state, or federal criminal offense that carries a potential jail term ranging from five days to one year, pertaining to the distribution or trafficking of drugs, domestic violence, sexual exploitation or abuse, burglary, unlawful possession of a firearm or driving under the influence of drugs or alcohol. Plus, any other type of misdemeanor in which the individual actually received a jail sentence of 90 days or more is defined as a significant misdemeanor.
DACA Consequences of DUI Arrest
If you are arrested for a San Diego 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
If you are charged with a DUI in San Diego County, contact our firm. We work to obtain the best possible outcome for our clients. Our proven approach is forged by experience. Call us at (858) 751-4384.
DUI Defense in San Diego County
Call us 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 in the best shape it can be. If you are charged with a DUI in San Diego County, contact our firm. We work to obtain the best possible outcome for our clients. Our proven approach is forged by experience. Call us at (858) 751-4384.
