New Jersey DWI Charge or Conviction Could Lead to Deportation of Undocumented Immigrants

Immigration is and has been a hot button issue for some time. When an undocumented immigrant or a foreigner gets arrested for driving while intoxicated (DWI), the consequences can be dire. In fact, a DWI stop, arrest or conviction for an undocumented immigrant could result in deportation. If you have been arrested for a DWI, whether you are an undocumented immigrant or are in the US on a visa, you need to consult a seasoned New Jersey DWI attorney without delay.

The federal office of Immigration and Customs Enforcement (ICE) conducted targeted raids in tens of New Jersey municipalities last month, targeting undocumented immigrants who had recently been arrested for drunk driving. In total, 123 people suspected of being in the country illegally were picked up and detained. The vast majority of those individuals had either been arrested for or convicted of DWI. These raids took place in towns all across New Jersey.

The Trump Administration has drastically increased the type of crimes that are punishable by deportation. In fact, even a single, one-time DWI charge can make someone eligible to be picked up by ICE and have deportation proceedings begin against them. If the DWI involves an accident or a death, the likelihood of ICE intervention increases significantly. Under the previous administration, a DWI charge or conviction, in many cases, was not considered serious enough for removal.

Under New Jersey law, an individual will be charged with a DWI if he or she is found to be operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher. Even though the law considers you legally impaired when your BAC is 0.08 percent or higher, you can still be arrested and even convicted when your BAC is lower than that. So long as your ability to drive safely has been compromised, you can be charged and even convicted of a DWI. If you are under the age of 21, you may not have any detectable amount of alcohol in your system.

Those who are convicted of a DWI face a variety of penalties including, but not limited to: hefty monetary fines, imprisonment, license suspension, and more. It is important to note that the penalties get more and more severe with each DWI. For foreign nationals and undocumented immigrants, getting a DWI has far more serious consequences than it does for US citizens.

If you have been arrested or charged with a DWI, we can try and help you regardless of whether you are here on a visa, a US citizen or an undocumented immigrant. In some of these cases, we will likely work with immigration lawyers to help you determine the best course of action. Our seasoned and trustworthy New Jersey DWI attorneys understand the serious penalties that could be implemented in your case, which is why we will diligently fight on your behalf. Time is of the essence in these cases, so it is imperative to act as quickly as possible after you have been arrested or charged. For a free confidential consultation about your case, please call us at 877-450-8301 or reach out to us online.