There is nothing more daunting to a DACA recipient than seeing a police vehicle with its siren blaring and lights flashing in their rearview mirror. Your fear is real and overwhelming. Can you make a mistake, like driving under the influence, and maintain your DACA eligibility status?
At The Law Offices of Bryan R. Kazarian, we understand the terror that accompanies any DACA recipient’s encounter with police, especially if it leads to arrest and conviction for a criminal offense. All may not be all lost. If charges are not filed in court, eligibility remains intact.
However, a DUI conviction or plea might not eliminate eligibility for DACA. Eligibility might still be available if the conviction is later expunged pursuant to California Penal Code Section 1203.4. Once expunged, your subsequent DACA renewal application requires a litany of “positive equities” to maintain your legal status. Consultation with a seasoned DACA immigration attorney is crucial. At The Law Offices of Bryan R. Kazarian we consistently work with our client’s personal DACA immigration attorney so that the best possible outcome is achieved in the criminal arena.
DACA renewal is at the discretion of United States Citizenship and Immigration Services (USCIS). Your future depends on the experience and relationships your attorney has within the criminal courts in Orange County, California. If you are a DACA recipient in the Orange County, California region, facing a DUI, contact The Law Offices of Bryan R. Kazarian to fully understand your options and how to proceed to fully preserve your liberty in the criminal arena.
Strict DACA Requirements
Continued DACA status requires that the recipient not pose a threat to national security or public safety. Therefore, DACA status will not be renewed if the recipient has been convicted of any felony, significant misdemeanor, or multiple misdemeanors. A misdemeanor conviction for DUI is considered a significant misdemeanor. A felony conviction is fatal to continued DACA status.
What is Considered a Significant Misdemeanor?
A significant misdemeanor is defined as any local, state, or federal criminal offense that carries with it a potential jail term of five days to a year, that involves:
- sales, 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.
Any misdemeanor conviction that results in an actual jail sentence of 90 days or more is considered a significant misdemeanor.
Unfortunately, USCIS has refined its definition of a significant misdemeanor to include any conviction for DUI, whether or not a jail sentence is imposed. To further complicate the situation, a plea deal for a DUI which might avoid a costly trial, is still considered a conviction for immigration purposes. Even a negotiated deal to plead to a lesser offense, such as wet reckless or negligent driving, might complicate a DACA renewal, if the sentence imposed is more than five days in jail, or there are multiple other misdemeanor convictions.
Any arrest and prosecution for a criminal offense is complex and intimidating. The arrest and prosecution for a criminal offense of a DACA recipient becomes even more so because of the immigration consequences. Your future requires that you hire an attorney with criminal defense experience and a reputation in the Orange County, California courts, someone who understands the possible immigration consequences, and someone who cares.
Will an Arrest or Charge of Driving Under the Influence Cause Me to Lose DACA?
The arrest or prosecution of a DUI charge will not immediately affect a DACA recipient’s status. However, an arrest or prosecution might delay any pending DACA renewal process, as that renewal procedure will be delayed until the conclusion of the criminal prosecution. If convicted, then the DUI conviction may certainly prevent renewal of DACA status.
However, a knowledgeable attorney familiar with the police, prosecutors, and judges in the criminal courts of Orange County, California, sees a complex, yet not hopeless situation. The most important step to take is to hire a skilled criminal defense attorney, like The Law Offices of Bryan R. Kazarian, to challenge the DUI charge. If the charges are not filed, dismissed, or you are found not guilty, your DACA status remains unaffected.
DACA Consequences of a DUI Conviction
An expunged DUI conviction is not disqualifying under USCIS rules for DACA renewal. It’s all a matter of timing.
California law allows for the expungement of some offenses, including DUI, once all the sentencing conditions are fulfilled. Most first-time DUI offenders are placed on probation for a period of 36 months. This means that expungement is not available during the probation period. Depending on the timing, DACA recipients who require status renewal can either wait out the probation period and then file for expungement, or if renewal is required while probation is still on-going, the DACA recipient can apply for early probation termination, which the court may or may not grant.
Even with expungement, a renewing DACA recipient must then complete the renewal application with positive equities, evidence that you are rehabilitated, valuable and that you are a contributing member of the community. Positive equities include:
- Volunteer or community service
- Conviction rehabilitation
- Ties to the United States
Once again, whether or not an expungement under California law helps your DACA status after conviction is a question best suited for an experienced DACA immigration attorney.
Exceptions Under DACA
You might be eligible for one of the exceptions under DACA rules that would allow you to remain in the country with legal status despite your DUI conviction.
What Should I Do if I Have Been Arrested as a DACA Recipient?
The most important first step you can take is to hire an experienced criminal defense attorney and tell that attorney everything about your immigration status, including your DACA status and whether you have had other encounters with the police.
If you are a DACA recipient being prosecuted for a DUI in Orange County, California, then you must contact the attorneys at The Law Offices of Bryan R. Kazarian online or call 855-918-4253.
We have offices in Santa Ana, Westminster, Newport Beach and Fullerton to serve clients with matters heard at the Central, West, Harbor, and North Justice Centers, respectively, for all of Orange County. The attorneys at The Law Offices of Bryan R. Kazarian are here to help! Book an online consultation to get started today.
