Felony DUI and Immigration Consequences in Florida

How a Felony DUI in Florida Can Jeopardize Your Green Card, Visa, or Immigration Status

If you’re a non-citizen facing a felony DUI charge in Florida, the consequences can go far beyond jail time, fines, and a suspended license. A conviction could put your immigration status in serious danger. I’ve defended clients across Florida who not only needed to protect their freedom but also their right to live and work in this country. If you’re a lawful permanent resident, DACA recipient, visa holder, or undocumented individual, it’s important to understand how a felony DUI could lead to detention, deportation, or denial of immigration benefits.

This is not something you can afford to handle without immediate legal help. The immigration system is strict when it comes to certain criminal offenses. When those offenses are classified as aggravated felonies or crimes involving moral turpitude under federal law, immigration judges have limited discretion. A public defender may only be focused on the criminal outcome. As your private attorney, I focus on both your criminal defense and the long-term immigration impact—because protecting your future takes more than avoiding jail.

How Florida Classifies a Felony DUI

In Florida, most first and second DUI offenses are misdemeanors. A DUI becomes a felony under the following conditions:

• Third DUI within 10 years (Florida Statute § 316.193(2)(b)1)
• Fourth or subsequent DUI at any time (Florida Statute § 316.193(2)(b)3)
• DUI causing serious bodily injury (Florida Statute § 316.193(3)(c)2)
• DUI manslaughter (Florida Statute § 316.193(3)(c)3)

Let me quote directly from the statute to give you a sense of what’s at stake:

Florida Statute § 316.193(3)(c)3:

“A person who causes the death of any human being or unborn child while driving under the influence… commits DUI manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.”

This type of offense carries a potential sentence of up to 15 years in prison, and for immigration purposes, it may be treated even more severely under federal law.

How Immigration Law Treats Felony DUI Convictions

Under federal immigration law, certain convictions make a person deportable or inadmissible. The Immigration and Nationality Act (INA) is the foundation for these consequences.

INA § 237(a)(2) – Deportability Based on Criminal Offenses

8 U.S.C. § 1227(a)(2)(A)(i):

“Any alien who is convicted of a crime involving moral turpitude committed within five years… is deportable.”

Generally, a simple DUI is not a crime involving moral turpitude. However, felony DUI with serious injury or death, especially when paired with reckless conduct or fleeing the scene, could be classified that way depending on how the case is charged.

INA § 101(a)(43) – Aggravated Felony Definition

8 U.S.C. § 1101(a)(43)(F):

“A crime of violence… for which the term of imprisonment is at least one year” is an aggravated felony.

If the felony DUI involves serious bodily injury or death, and the sentence is at least one year, it may fall into this category. Once classified as an aggravated felony, you become ineligible for most immigration relief—even if you’ve lived in the U.S. for decades.

Why You Need a Private Criminal Defense Attorney in These Cases

Public defenders are talented, but they often don’t have the time or training to evaluate immigration consequences. I’ve worked with clients whose prior attorneys pled them to what seemed like a good deal, only to later find that the plea made them deportable. The criminal court doesn’t have to warn you about immigration consequences unless you ask—and by then, it may be too late.

With me as your private attorney, I analyze your immigration history from day one. I work closely with immigration lawyers if needed and shape your defense to avoid convictions that can trigger deportation or block a green card renewal. You need a defense that considers both the criminal charges and how they interact with immigration law.

Real Case Example: DUI with Injury and ICE Hold Dismissed

A few years ago, I represented a lawful permanent resident from Broward County charged with felony DUI causing serious injury after a highway crash. The client had no prior criminal history but was placed under an ICE hold immediately after arrest.

The State alleged that he was speeding, failed to stop at a light, and caused a multi-car collision with two people hospitalized. Blood tests showed a BAC of 0.12.

While public defenders would have focused only on jail exposure, we knew a felony conviction with injury could trigger both removal proceedings and denial of naturalization. My team obtained surveillance footage from nearby businesses and expert reports showing the traffic light sequencing was defective. We also raised serious questions about the reliability of the blood draw chain of custody.

After months of pressure on the prosecution, we negotiated a plea to reckless driving with adjudication withheld—avoiding a felony, avoiding a DUI on record, and protecting his green card status. ICE dropped the hold.

This is what private representation allows—time, resources, and pressure that can change outcomes entirely.

Defenses to Felony DUI Charges with Immigration Risks

We take an aggressive approach to protect you from both conviction and immigration harm. Some of the strategies we’ve used successfully include:

Challenging the Stop:

If the officer lacked probable cause to stop your vehicle, everything collected afterward, including blood results or statements, can be excluded. No evidence, no case.

Blood or Breath Test Issues:

Was the test done legally? Was the equipment calibrated? Were you observed properly? These questions matter. If the test is invalidated, the DUI charge may collapse.

Mitigation and Plea Restructuring:

Sometimes, a plea deal can’t be avoided, but how it’s structured matters. We aim to reduce the charge to a non-deportable offense—such as reckless driving or careless driving. These are not considered aggravated felonies or crimes involving moral turpitude.

No Intent to Harm:

Felony DUIs based on injury often require proof that you acted with recklessness. If we can show your conduct was ordinary negligence or the injury was unrelated to the alcohol, you may avoid a felony.

Every defense we raise keeps one eye on your immigration consequences. A criminal-only defense is not enough when deportation is on the line.

Florida’s Habitual Offender Laws and Immigration Triggers

Under Florida Statute § 775.084, repeat offenders face enhanced penalties. If you have multiple DUI convictions, the State may seek habitual felony offender status.

Statute Text: “A habitual felony offender means a defendant who has previously been convicted of any combination of two or more felonies… and who commits any felony within 5 years.”

This can result in longer sentences, which may meet the 1-year imprisonment threshold under the INA for aggravated felonies.

Visa Holders, DACA Recipients, and Undocumented Individuals

If you are here on a student visa, work visa, or DACA, a felony DUI can result in immediate revocation. ICE may initiate removal proceedings before your case is even resolved in court. We work quickly to push for release from custody, to prevent convictions that would trigger automatic revocation, and to preserve your eligibility for future immigration benefits.

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.

Florida DUI Impact on Immigration Frequently Asked Questions

Can a felony DUI in Florida get me deported?

Yes, it can. If the DUI involves serious injury, death, or multiple prior convictions, it may be considered an aggravated felony or a crime involving moral turpitude under immigration law. Either designation can make you deportable or inadmissible, even if you’ve lived in the U.S. for years or hold a green card.

Does every felony DUI lead to deportation?

Not necessarily. Deportation depends on the exact charge, sentence length, and your immigration status. For example, a DUI with property damage may not qualify as a deportable offense, but DUI manslaughter almost certainly will. The goal is to fight for a plea or dismissal that avoids immigration triggers entirely.

What if I already pled guilty before knowing about the immigration impact?

There may still be hope. In some cases, we can file a motion to withdraw your plea based on ineffective assistance of counsel. If your prior attorney didn’t explain immigration consequences or gave you wrong advice, we may be able to reopen the case and negotiate a better outcome.

Will ICE put a hold on me if I’m arrested for DUI in Florida?

If you are undocumented, have a prior deportation order, or have certain prior convictions, ICE may issue a detainer (ICE hold) at the jail. That’s why it’s important to have a private attorney work quickly to secure your release and protect your rights before federal authorities get involved.

Can a green card holder lose their status over a felony DUI?

Yes. If the DUI is classified as an aggravated felony or a crime involving moral turpitude, it can make a green card holder removable. It can also prevent renewal of your green card or bar you from applying for naturalization. The best defense starts with avoiding a conviction that causes immigration harm.

How can a private attorney help me avoid deportation?

Private attorneys can examine both the criminal case and the immigration consequences. We fight for plea agreements that protect your status, challenge weak evidence, and bring in experts when needed. We can coordinate with your immigration lawyer and help you avoid mistakes that could permanently impact your life.

Is DUI considered a crime involving moral turpitude?

A simple DUI is generally not considered a crime involving moral turpitude. But if there are aggravating factors like serious injury, death, or fleeing the scene, prosecutors may allege moral turpitude. That’s why it’s essential to control how the case is charged and resolved.

Can I travel outside the U.S. after a felony DUI arrest?

If you’re a non-citizen, traveling outside the U.S. with a pending felony DUI charge can be extremely risky. Even if you’re not convicted yet, you may be denied reentry or detained by immigration officers. Always consult with a criminal defense lawyer before traveling while charges are pending.

Can DACA be taken away for a felony DUI?

Yes. A felony DUI conviction makes you ineligible for DACA renewal and can lead to immediate termination. Even if you avoid a felony, a DUI conviction may still be a negative factor during the renewal process. That’s why your defense must focus on avoiding conviction entirely.

Should I hire a criminal and immigration lawyer separately?

In many cases, yes. But your criminal defense lawyer should always be aware of immigration consequences. I often collaborate with immigration counsel to build a strategy that protects both your freedom and your future in the U.S. If you only focus on one side of the case, you could lose everything.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.