Can you be deported for driving under the influence of drugs or alcohol (DUI) in Washington?
The short answer:
- Probably NO if your DUI involves alcohol
- Most likely YES if your DUI involves drugs.
The longer answer, as with every answer in immigration law, is far more complicated, depending on the facts of your case and the statute under which you were convicted.
DUI convictions: The difference between deportability and inadmissibility
To determine whether your DUI conviction will lead to deportation depends on your immigration status at the time you committed the crime.
The Immigration and Nationality Act (INA) divides noncitizens into 2 categories:
- Noncitizens who have been “admitted” into the United States (INA §237)
- Noncitizens who have not been “admitted” into the United States (INA §212)
Under INA 101(a)(13)(A), “admitted” means you have “lawfully entered the United States after inspection and authorization by an immigration officer.”
In other words, you are deportable under INA §237 if you were convicted of DUI when you were lawfully admitted into the United States. And you are inadmissible if at the time of your conviction you had no legal right to be in the country.
Example #1: Ivan, a native of Russia, came to the United States to study at Washington State University. Before arriving, he applied for and received a student visa.
Under the INA, Ivan has been “admitted” into the United States.
Example #2: Maria crosses the border without a proper visa or other entry document.
Maria has not been “admitted” under the INA because she initially came to the country illegally.
Example #3: Same facts as example #2, but Maria applies to be lawful permanent resident (LPR) and she receives a Green Card in January 2026.
Maria has now been “admitted” to the country. Under the INA, a lawfully admitted LPR is considered admitted regardless of how the noncitizen initially entered the country.
When the Department of Homeland Security (DHS) initiates immigration removal proceedings against you, you will be prosecuted EITHER under INA §237 or INA §12. You cannot be prosecuted under both.
Deportability-Based Crimes under INA §237
There are eight (8) broad categories of crimes that will subject a noncitizen to deportation:
- National Security crimes
- Firearm offenses
- Domestic violence offenses
- Child abuse crimes
- Miscellaneous offenses (example)
- Human trafficking
- Failure to register as a sex offender
- Falsely claiming U.S. citizenship to receive government benefits / assistance
- High-speed flight (fleeing from an immigration checkpoint while speeding above the legal limit)
- Aggravated Felonies (examples)
- Murder
- Rape
- Drug trafficking
- Distribution of child pornography
- "Crimes of Violence"
- Controlled substance offenses
- Crimes involving moral turpitude (CIMT)
Inadmissibility-Based Crimes under INA §212
There are five (5) broad categories of crimes that will subject a noncitizen to inadmissibility:
- · Prostitution offenses
- · Human trafficking
- · Money laundering
- · Crimes involving moral turpitude (CIMT)
- · Controlled substance offenses
Based on opinions from the Board of Immigration Appeals (BIA) and the federal courts over the past several years, there appear to be at most (3) potential categories of crimes that implicate DUIs.
Is DUI an aggravated felony under federal immigration law?
Whether a DUI is an aggravated felony turns on the question of whether DUI is considered a “crime of violence” for purposes of immigration law.
Under the INA, a crime of violence means “an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another.”
The most important judicial opinion on this topic is the U.S. Supreme Court's opinion in Leocal v Ashcroft. The defendant-noncitizen in this case was convicted of DUI and causing serious bodily injury under Florida law. The immigration judge entered a removal order, concluding that the noncitizen's Florida offense was a “crime of violence.”
The Supreme Court reversed his deportation order. The court ruled that a “crime of violence” requires purposeful, active conduct, such as physically assaulting another person. But under Florida law, you are guilty of DUI even if you don't intend to drive under the influence or intend to hurt someone other people or damage their property.
Washington's current DUI statute is similar to the Florida DUI statue that the U.S. Supreme Court reviewed in Leocal. Under RCW 46.61.502, prosecutors do not have to prove that you intended to drive under the influence or acted recklessly – that you drove and you were impaired is sufficient.
Therefore, a single DUI offense involving alcohol in Washington (by itself) will not result in deportation.
Is DUI a crime involving moral turpitude?
The INA does not define the term “moral turpitude,” and (surprisingly) there is not a standard accepted definition. But courts interpret a crime involving moral turpitude (CIMT) to be a crime that is inherently base, vile, and violates accepted moral standards.
Whether a crime is deemed a CIMT for federal immigration purposes varies by state and by court, but certain offenses are widely considered CIMT crimes. They include:
- Murder
- Manslaughter (voluntary)
- Rape
- Robbery
- Kidnapping
- Incest
As you can see, DUI is not on this list. That's because, in 2001, the BIA ruled in the case of In re Torres-Varela that a typical DUI is not like any of these crimes. The BIA essentially offered two reasons to support its conclusion.
First, unlike all crimes on the CIMT list, intent or knowledge is not a legal requirement for a DUI. You must knowingly and purposefully commit a CIMT. You can't accidentally commit murder or robbery, for instance. Not so with a DUI. This makes a DUI less heinous.
Second, a CIMT is a morally reprehensible crime regardless of the facts. Rape, for example, is a horrible crime regardless of how long the crime lasts or whether you use a gun during its commission. Driving 80 mph going the wrong way on the highway and then causing a fatal collision is far more serious than leaving your house and striking your neighbor's garbage can going 5 mph. (The BIA did not use these examples in its Torres-Varela opinion, but we use them to explain the court's ruling).
The BIA went farther in its reasoning. A DUI does not necessarily become a CIMT even if a noncitizen defendant has multiple prior DUI convictions in the past—and even if the prior DUI crimes involved “bad” facts like the wrong-way driver example above.
But this is only part of the analysis.
In a more recent case, the BIA held that an aggravated DUI offense was a CIMT because the statute required proof that the defendant was knowingly driving with a suspended driver's license. In a case like this, the two requirements of a CIMT are present—morally responsible conduct and a purposeful / knowing mental state.
This are of law is still unsettled. For example:
- If you are convicted of aggravated DUI that has a reckless (not a knowing) requirement, is this a CIMT?
- Is the DUI a CIMT if you are merely “operating” a motor vehicle without actually “driving”?
This is why we always recommend you consult with an attorney about your case.
Is the drug-impaired DUI a deportable crime?
Regardless of whether you fall under INA §237 or INA §12, you are subject to removal if you are convicted of any crime that relating to controlled substances, including possessing, using, manufacturing, or selling illicit drugs.
DUI drugs, therefore, is a CIMT under federal immigration law, regardless of the facts and jurisdiction. This includes driving under the influence of marijuana even though Washington has decriminalized possession of marijuana.
