If you are not a U.S. citizen, a DWI is not just a criminal matter. It can affect your visa, your green card application, or your right to remain in the United States. The good news is that a single, first-time DWI without aggravating factors is usually not the kind of offense that triggers deportation on its own. The important caveat is that this can change quickly depending on the facts and your status, which is why you need a Houston DWI lawyer who understands the immigration stakes and will coordinate with immigration counsel. (Note: a naturalized U.S. citizen generally cannot be deported for a DWI; this page is for visa holders, green-card holders, and others who are not yet citizens.)
Your Status Matters
- Green-card holders are at the lowest risk from a simple DWI, but are not immune, an aggravated-felony or CIMT conviction can lead to removal proceedings.
- Visa holders, DACA, and TPS recipients are more exposed; even a single DWI can be treated as a “significant misdemeanor” that jeopardizes a renewal or status.
- Undocumented individuals face a distinct risk, because an arrest alone can bring you to ICE’s attention, sometimes before any conviction.
Even where a conviction creates a problem, relief may exist, for example, a ยง 212(h) waiver can forgive certain grounds of inadmissibility. These are complex, fact-specific questions best answered with qualified immigration counsel.
A Simple DWI Usually Isn’t a Deportable Offense
Immigration law is most concerned with two categories: “crimes involving moral turpitude” (CIMT) and “aggravated felonies.” A basic, first-time DWI generally is not either one, the immigration courts have repeatedly held that a simple DWI lacks the intent required for a CIMT. That’s reassuring, but it is not a guarantee, because aggravating factors change the analysis fast.
Aggravating Factors That Raise the Risk
Your risk goes up significantly if your DWI involved any of the following:
- A child passenger under 15 (a state jail felony even on a first offense)
- Serious bodily injury or death (intoxication assault or intoxication manslaughter)
- Drugs or a related controlled-substance charge
- Driving on a suspended or invalid license
- Prior DWI convictions
Any of these gives the government a stronger argument that your offense is a CIMT or an aggravated felony, the classifications that can lead to removal.
Your Criminal Defense Is Your Immigration Defense
For a non-citizen, how the criminal case is resolved often decides the immigration outcome. Avoiding a conviction, keeping a charge out of “aggravated” territory, or structuring a resolution with immigration consequences in mind can be the difference between staying and being removed. We defend the DWI with your status in mind and work alongside immigration counsel where needed.
Protect Your Status. Contact Blass Law Today
If you are not a citizen and you’re facing a DWI, act quickly. Contact Blass Law for a confidential case evaluation or call (713)-664-4000. This page is general information, not immigration advice, every immigration situation is unique and should be reviewed with qualified counsel.
A Houston DWI and criminal defense attorney since 2009 — and only ever a defense attorney. Jay is an ACS-CHAL Forensic Lawyer-Scientist, a certified practitioner and instructor of Standardized Field Sobriety Testing, a certified Drug Recognition Expert, and trained in forensic chromatography. He is a member of the National College for DUI Defense, a founding member of the DUI Defense Lawyers Association, and an appointee to the Texas Indigent Defense Commission by Gov. Abbott in 2024.
Last reviewed July 2026 · This article is legal information, not legal advice. Read Jay’s full bio →
Reviewed by Jay Blass Cohen, founder of Blass Law PLLC — ACS-CHAL Forensic Lawyer-Scientist, certified Drug Recognition Expert, and SFST instructor, serving Houston since 2009. This article is general information, not legal advice for your situation. Prior results do not guarantee a similar outcome.