Immigrants and drunk driving laws
Convictions for drunk driving are very important for immigrants because in some circumstances, these convictions can be grounds for deportation. Under federal immigration law, even legal permanent residents who have lived here for many years can be deported if they are convicted of 2 or more misdemeanors (misdemeanors) involving moral turpitude.
Simple driving convictions taken are not crimes of moral turpitude for purposes of deportation. However, if the driver taken caused an accident in which someone was injured, the charge of assault or other violent crime it can also be registered. In these cases, convictions can lead to deportation. Also, if an immigrant is convicted of drunk driving when you know your license is suspended, crime is moral depravity and therefore a conviction authorizing the deportation.
In California, the drivers are measures the level of blood alcohol either by a blood test or breathe test. The blood test measures the amount of alcohol in the blood. The breath test is done using a breath analyzer. Breath samples are examined, and a mathematical formula is used to determine the amount of alcohol in the blood.
Experts have reported that the results of breath tests are not always accurate and may vary depending on the medical condition of the person, gender, temperature, atmospheric pressure, and the particular condition of the measuring apparatus. Therefore, the Supreme Court of Maryland ruled that those accused of drunk driving may dispute the results of the tests breath meter. This can be done by presenting evidence that contradicts a finding of intoxication. This may include evidence that the defendant has a higher tolerance for alcohol or that he could perform well practice sobriety test.
Unless you are a US citizen, you are subject to deportation for certain criminal convictions. Even if you have been a legal permanent resident for decades, certain criminal convictions make deportation. All non-citizens who are arrested and accused of a crime should immediately consult with an experienced criminal defense that is also experienced in immigration law attorney. Immigrants must insist on a separate your criminal defense attorney to explain whether there will be any impact on the immigration status by the proposed written statement. If the defense lawyer recommended that the immigrant must plead guilty, the lawyer should indicate whether such a guilty plea will basis for deportation.
Sometimes, to avoid deportation, defense lawyers can persuade the prosecutor to allow the immigrant to plead guilty to a different crime. In severe cases where it is impossible to avoid jail sentence, they use a legal technicality that seeks to reduce that judgment for example to 364 days instead of one year (365 days).