DWI Defense For Non-Citizens in Texas

Why a Standard Plea Deal Can Get You Deported

Most standard criminal defense attorneys have one goal: keep you out of jail. But if you are a non-citizen, avoiding jail is not enough. Pleading guilty to a DWI to get probation might seem like a “good deal” in Texas criminal court, but it can trigger devastating consequences in federal immigration court.

As a non-citizen, an improperly handled DWI can lead to an ICE detainer, the denial of your Green Card renewal, or even deportation. At Victoria Barr Law, PLLC, we analyze the specific immigration consequences of your charge before you ever step foot in a courtroom.

Does a DWI Count as a Crime of Moral Turpitude (CIMT)?

A standard, first-time DWI is generally not considered a Crime Involving Moral Turpitude (CIMT) under federal immigration law. However, a simple DWI quickly becomes a deportable CIMT if aggravating factors are present.

Your DWI charge enters the “danger zone” and may be classified as a CIMT if you were:

• Driving with a suspended, revoked, or invalid driver’s license.
• Driving with a child passenger in the vehicle.
• Involved in an accident resulting in bodily injury or property damage.
• Charged with multiple prior DWI offenses.

Can I Renew My Green Card With a Pending DUI?

A pending DUI or DWI charge can severely complicate your Green Card renewal (Form I-90) or Naturalization (Form N-400) application. USCIS conducts strict background checks, and an open criminal case will often cause your application to be delayed or denied due to questions about your “Good Moral Character.”

Warning on “Admissions”: Immigration law does not always require a final conviction to penalize you. Simply admitting to the elements of a crime during a traffic stop or in court documents can make you inadmissible. You need an attorney who understands how to navigate both your pending criminal trial and your USCIS timeline simultaneously.

DWI vs. DUI: Immigration Consequences

In Texas, a DUI (Driving Under the Influence) is typically charged to minors under 21 with any detectable amount of alcohol, while a DWI (Driving While Intoxicated) is for adults with a BAC of .08 or higher, or who lack the normal use of their faculties.

Federal immigration authorities view both offenses as highly serious. Even if a Texas judge is lenient, the Department of Homeland Security (DHS) views drug and alcohol offenses as a red flag for inadmissibility, potential substance abuse disorders (a medical ground for inadmissibility), and a lack of good moral character.

Immigration Bonds for DUI Arrests in Dallas

When a non-citizen is arrested for a DWI in Dallas, Fort Worth, or surrounding counties, local law enforcement routinely notifies ICE. This often results in an ICE Hold (Detainer), meaning your loved one will not be released from local jail even if their criminal bail is paid—they will be transferred directly to an ICE detention center.

We move aggressively to secure your loved one’s release. We represent clients in Immigration Bond Hearings, fighting to prove to the immigration judge that they are not a flight risk or a danger to the community, so they can return home while fighting their case.

Don’t Guess With Your Future. Act Now.

We serve immigrants facing criminal charges across Plano, Dallas, Fort Worth, McKinney, Frisco, and all of North Texas.