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DUI Issues ALL Non-United States Citizens Must Know
It is hard to be an immigrant in the United States, especially if you’re undocumented.
Especially right now, in 2025.
You came here for a better life and to send money back to your family, who needs it desperately.
The opportunities in your home country are few and far between.
So you built up the courage and risked your life to help the ones you love.
Being in a new country can be difficult.
You don’t speak the language and there are so many laws in the United States.
There are federal laws and each state has their own laws.
These laws often are very different from where you are from.
DUI laws are one of these laws.
- DUI laws are very different in other countries.
- Arrests for DUI can lead to you being unable to get out of jail and being picked up by ICE
- DUI cases are more complicated for immigrants than United States Citizens
- Reduction of DUIs to Reckless Endangerment can lead to immigration problems
- How Foreign Nationals/Immigrants can Win Their DUI Case
1.DUI laws are very different in other countries.
We chose to help great people fight their DUI charges because we can relate. You are hardworking and trying to survive.
Immigrants are also, usually great people trying to survive in a different country.
A country with vastly different laws than where they’re from, The United States of America.
Having traveled to Belize, Costa Rica, Peru and to many parts of Mexico, I have seen first hand how different laws are in general, especially DUI laws.
In some parts of these countries DUI laws don’t exist or aren’t enforced.
No wonder so many foreign nationals/immigrants come here and continue doing what they did in their home country and find themselves in big trouble.
Don’t learn the hard way.
Learn from his article how to prevent big problems for yourself.
2.Arrests for DUI can lead to you being unable to get out of jail and being detained by ICE
Getting arrested is no fun.
It’s scary, especially if you’re in a different country and don’t speak the language.
It helps to know from an attorney, an insider, what happens when you are arrested.
What happens is this.
You come into contact with law enforcement and they think you have been drinking and driving.
The officer will investigate and decide whether to arrest or not.
They will offer you the chance to provide evidence, we never recommend agreeing with this.
If you do agree, you will either be given a breathalyzer test or be taken to the hospital to provide a blood sample.
You will be taken to the jail and processed, also called booked.
During this process of being booked you will be asked some questions, many the same as the officer that arrested you.
- What is your name?
- What is your date of birth?
- What is your driver’s license number?
- What is your social security number?
- What is your home address?
- If you don’t have a social security number or driver’s license they may start asking you about your legal status in the United States.
These questions are the beginning for immigrants arrested for DUI.
See, if you don’t provide your driver’s license and/or social security number they may call Immigrations and Customs Enforcement (ICE) on you.
Then ICE probably will call the jail and speak to you.
This conversation is very important.
Never lie to government officials. But you don’t have to talk and give up your rights.
Make sure to also never, never admit to a crime to anyone. Admitting a crime to an ICE or an Immigration Judge or other official is the same as pleading guilty or being found guilty after a trial.
3.DUI cases are more complicated for immigrants than United States Citizens
Laws in Tennessee and the United States are complicated enough for citizens.
They’re even more overwhelming for immigrants.
Especially if you don’t speak English, at least fluently.
Law is really another language. Legal jargon and legalease make getting a DUI confusing.
Then comes in immigration consequences of criminal convictions.
Certain crimes can lead to removal/deportation or cause an immigrant to be inadmissible if they’re applying to enter/reenter the USA.
So, it’s very important to carefully navigate your DUI criminal case.
4.Reduction of DUIs to Reckless Endangerment can lead to immigration problems
Whenever we’re fighting a DUI for a United States Citizen involves getting their DUI reduced to one of these lesser charges, listed from most serious to the best option:
- Reckless Endangerment
- Aggravated Reckless Driving
- Reckless Driving
- Dismissed
Getting your DUI, as an immigrant, reduced to one of the other charges may be worse than a DUI conviction.
Why?
How?
Great questions.
A person commits reckless endangerment by recklessly engaging in conduct that places or may place another person in imminent danger of death or serious bodily injury.
Tennessee Code Annotated 39-13-103 says Reckless Endangerment has a reckless intent component to potentially harm others, where DUI does not.
DUI is a strict liability crime.
You drank and/or did a substance or combination that left you in a state that is not safe for you to drive. No intent needed.
5.How Foreign Nationals/Immigrants can Win Their DUI Case
The process to win your DUI case will be similar to that of United States Citizens.
The major difference is you need an attorney that can explain the pros and cons of any offers to settle your DUI case.
You also need to make sure you have an immigration attorney that will work with you DUI criminal defense lawyer to get you the best possible outcome.
We have 3 goals in your case. We fight to:
- Limit jail;
- Limit the damage to your record and limit any immigration consequences; and
- Help get your life back on track.
It’s helpful to know that you have 5 options for your DUI case in General Sessions Court.
The 5 options in General Sessions Criminal Court are:
- Negotiate a plea agreement
- Have a Preliminary Hearing (you have a right to have this within 14 days) and have your case bound over (sent) to the Grand Jury
- Waive your right to a Preliminary Hearing and have your case bound over (sent) to the Grand Jury
- Have a Bench Trial, the judge conducts the trial (versus a jury trial) and finds you guilty or not guilty then sentences you
- Continue your case to another court date.
Bonus: Avoid Jail with DUI Centers
One of the reasons immigrants don’t want to go to jail is because there is a chance immigration will detain them.
So, to avoid this risk we always send our clients to a DUI Center to do their 48 hours of jail time.
This keeps them from going to jail and risking being detained by immigration.
You may still have a conviction for DUI or a lesser charge but you avoid being detained.
Make sure to have an attorney that specializes in this like we do.
We only help Great People Fight Their DUI Charges©️.
If you would like get your “Win Your DUI Case Strategy Session” call 615-NASH-LAW (615-627-4529) or click here to schedule a call.
