Non-U.S. citizens who are convicted of a DUI in the United States may face a range of consequences, including immigration-related consequences, criminal penalties, and potential impacts on their future travel to the U.S. Let's explore these consequences in more detail:

1. Immigration Consequences:

A DUI conviction can have severe implications for non-U.S. citizens' immigration status. It may lead to inadmissibility or deportation, depending on the circumstances and the specific immigration status of the individual.

For example, non-U.S. citizens who are lawful permanent residents (green card holders) may face deportation proceedings if convicted of a DUI. Similarly, non-immigrant visa holders, such as students or temporary workers, may also face visa revocation or denial of reentry into the U.S. if they have a DUI conviction.

2. Criminal Penalties:

Non-U.S. citizens convicted of a DUI may also face criminal penalties, which can vary depending on the state where the offense occurred and the individual's prior criminal record. These penalties may include fines, probation, community service, mandatory alcohol education programs, and even jail time.

For instance, in California, a first-time DUI offense can result in fines ranging from $390 to $1,000, license suspension, mandatory DUI programs, and up to six months in jail. Repeat offenses or aggravated circumstances can lead to more severe penalties.

3. Travel Restrictions:

A DUI conviction can also impact a non-U.S. citizen's ability to travel to the United States in the future. The conviction may render them ineligible to enter the country under the Visa Waiver Program (VWP) or require them to apply for a visa even if they were previously eligible for visa-free travel.

For example, individuals from countries participating in the VWP who have been arrested or convicted for a DUI or other serious offenses may be denied entry under the program. They would then need to apply for a visa at a U.S. embassy or consulate, which can be a more complex and time-consuming process.

It's important to note that the consequences of a DUI conviction for non-U.S. citizens can vary based on individual circumstances, immigration status, and the state's laws. Consulting with an immigration attorney is highly recommended to understand the specific implications and potential options for defense or mitigation.

References:

1. U.S. Citizenship and Immigration Services - Volume 8, Part B, Chapter 2
2. California Department of Motor Vehicles - DUI Programs
3. U.S. Department of State - Visa Waiver Program