GETTING AROUND · 4 MIN
Drinking and driving: why one DUI can cost your visa
In short
The 0.08 limit, zero tolerance under 21, and how a DUI arrest can affect visas, green cards and citizenship.
DUI means Driving Under the Influence (some states say DWI, Driving While Intoxicated). It covers alcohol, cannabis (marijuana), illegal drugs and even some medicines that make you sleepy.
The limits
For drivers aged 21 and older, it is illegal in every state to drive with a blood alcohol level of 0.08% or higher. Utah's limit is lower: 0.05%.
You can be arrested below that limit if your driving is unsafe.
Under 21: zero tolerance. The legal drinking age is 21 in every state, and drivers under 21 can be punished for any measurable alcohol, even one drink.
Cannabis may be legal to buy in some states, but driving after using it is illegal everywhere.
If an officer asks you to take a breath or blood test, most states punish a refusal with a license suspension.
Why it matters more for you
A DUI is serious for everyone: arrest, fines, a suspended license, higher insurance, sometimes jail. For people who are not US citizens, it can also affect immigration:
Visa holders: the State Department can revoke (cancel) your visa after a DUI arrest, even without a conviction. You may be able to stay in status, but you need a new visa (and often a medical exam) before you travel back in.
Green card and citizenship: USCIS looks at your record when you apply for a green card or citizenship. DUIs can count against good moral character, and multiple DUIs or a DUI with injury can bring much bigger problems.
Congress has been considering a bill to make any DUI a reason for removal. As of today it is not law, but rules are getting stricter.
What to do
1
Plan before you drink: use a rideshare, a taxi, public transit, or a sober friend who drives.
2
If you have been drinking, do not drive, even a short distance.
3
Do not get in a car with a driver who has been drinking.
4
If you are arrested for DUI, talk to a criminal lawyer and an immigration lawyer before you plead guilty to anything. A plea can affect your status.
Common mistakes
"I only had two drinks." Your body weight, food and time matter. You cannot feel the number.
Open containers. Most states forbid an open alcohol bottle or can in the passenger area of a car.
Driving the next morning after a late night of drinking.
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