Legal residents are now generally not deportable for one Arizona misdemeanor DUI conviction. Legal residents can be deported for one DUI if it involves Controlled Substances, and these substances include Marijuana and Prescription Medications, even if legally prescribed.
Arizona Felony DUIs
Arizona Felony DUIs may lead to deportation, particularly if the felony is for DUI while driving on a suspended license.
Congress May Change DUI Deportation Law
A bill is pending in the United States House of Representatives which would make deportation mandatory for one misdemeanor DUI. Also, a noncitizen would be denied entry for any misdemeanor DUI.
This bill is a reaction to two tragic fatal DUI accidents, one in Alabama and the other in Arizona. When tragedies occur some people and politicians blame existing laws and say, “if only we had a better law this would not have happened”. These two accidents are no different. Both defendants were illegal immigrants. As such they should have been deported before the accidents.
This proposed bill would have done nothing to prevent these fatal accidents. Had the current deportation law been enforced these fatal accidents would not have happened. I have been doing DUI cases for 47 years and I know how tragic these events can be for victims, defendant’s families and defendants. The problem with this bill is it would mandate deportation for individuals who may otherwise positively contribute to our country. People of all walks of life commit DUIs. For example, President George W. Bush admitted to one DUI and Vice President Chaney two. Both went on to have very successful careers which had substantial impacts on American life. This bill could exclude many people, such as specialized scientists, who could help improve our country. This proposed bill would have done nothing to prevents these accidents, though enforcement of current law by deporting illegal defendants would have.
Status of DUI Deportation Bill
The bill has passed the House of Representatives and has gone to the Senate. It remains to be seen what will happen there and if the bill is actually passed and signed into law.
The opinions expressed in this post are my personal opinions and are not intended to be an authoritative statement of law nor legal advice.
Gordon Thompson
For more information about Arizona DUI and criminal law issues please contact Gordon Thompson who has used his experience to write a blog on topics of interest. You can also chat with Gordon about your specific questions.
Website: https://www.GordonThompsonAttorney.net
Blog: https://www.GordonThompsonAttorney.net/blog/
