One of the conditions for remaining in the United States as an immigrant with a visa or green card is that you will abide by all of the established rules and laws of this country. The most common reason that immigrants are placed through the deportation process is because they have been convicted of a crime. While it is possible for someone committing a crime to be deported, there are some crimes that cannot be punished with deportation.

Can a DUI be considered a crime of moral turpitude?

If you are an undocumented immigrant, any crime that has been committed is enough to get you deported. If you are documented, you will be entitled to go through the American legal system for the accusation.

The two types of crimes that can result in deportation include crimes of moral turpitude or an aggravated felony. While aggravated felonies are defined according to state and federal law, what constitutes a crime of moral turpitude is a little fuzzier on its meaning. If a crime has been committed using fraud, larceny, or the intent to harm another person or thing, you may be found to have committed a crime of moral turpitude. Further, if the crime would have landed you less than one year in prison or if the total prison time was less than six months, then it cannot be said to have been committed in moral turpitude.

For any citizen that has received a valid driver's license in the United States, it is decreed that they will not drive with a blood alcohol level over the legal limit. When they do so, they face serious penalties because they made themselves a danger to themselves and others by driving. Knowing that they can hurt other people is a large part of DUI charges. Since a DUI is considered to be crime against other people, is DUI a crime of moral turpitude?

In short, no.A DUI can easily be a mistake and is often not committed with the intent of harming others.

In the case of multiple DUIs or if the DUI was done in combination with another dangerous act, the possibility can be argued that the DUIs are committed in moral turpitude. A DUI conviction will not be helpful when it becomes times to renew an immigrant visa. Those seeking to prove to the courts that they have good moral character in order to gain permanent citizenship may also face difficulties.