If you’re not a U.S. citizen and you’ve been arrested for Operating Under the Influence (OUI) in Massachusetts, the consequences may go far beyond a court fine or license suspension. If you’re not an American citizen, you’re likely not wondering just about penalties; you’re wondering whether this arrest could cost you your immigration status.
The truth is, OUI arrests can impact your immigration status, but not always; it depends on the details. Even a single OUI arrest can impact different types of immigration statuses in a variety of ways, from green cards and student visas to DACA and pending citizenship applications.
What is the Massachusetts Law on Operating Under the Influence?
Operating Under the Influence (OUI) is the legal term used in Massachusetts for what most other states call DUI or DWI. Under Massachusetts law, it is illegal to operate a motor vehicle under the influence of alcohol or drugs.
In some cases, Massachusetts offers an option known as a Continuance Without a Finding (CWOF). This allows first-time offenders to admit that there’s enough evidence to convict without entering a guilty plea. But in immigration cases, even a CWOF can be treated like a conviction.
How Operating Under the Influence Arrests Can Affect Immigration Status
Immigration law doesn’t just look at convictions; it also examines arrests, especially when it comes to crimes involving alcohol or drugs. Federal immigration law is also a factor in the equation; it establishes a conviction more broadly than Massachusetts law.
The impact of an OUI arrest depends on your specific status; for example, a green card holder will face different outcomes than an asylum applicant.
A few possibilities for OUI arrests for those with varying immigration statuses include:
- If you are a green card holder, an OUI could trigger removal if it’s your second offense or involves injury or death
- If you’re a valid visa holder, an OUI may result in visa denial or revocation
- As a DACA recipient, you could be disqualified from renewals
- As an asylum applicant, your asylum claim could be harmed by affecting your credibility or moral character
- If you’re undocumented, an OUI arrest could result in a detainer or ICE hold, even before conviction
What is considered a “conviction” for purposes of immigration law isn’t the same as convictions for American citizens. Under federal immigration law, you’re considered ‘convicted’ if you pleaded guilty and were given any kind of punishment or penalty—even if the case was later dismissed, like through a CWOF (Continued Without a Finding). The attorneys at Riccio Law have seen local cases where individuals faced delays in naturalization interviews after an OUI, even when no conviction was entered.
Many assume that a CWOF protects their record. In criminal court, that might be partially true. However, for immigration purposes, a CWOF often counts as a conviction because it involves an admission and a penalty, such as probation or a license suspension.
Your attorney is legally required to inform you of these immigration consequences. If you weren’t told, you might have grounds to challenge the outcome. If you’re attorney hasn’t disclosed this information, you should reach out to a law firm with experience in cases like yours to see about challenging the outcome.
Immigration Consequences of an Operating Under the Influence Conviction
Even a first-time OUI with no injuries might raise flags for immigration officers.
While not automatically deportable, the incident may still:
- Trigger inadmissibility if you leave and try to reenter the U.S.
- Disqualify you from green card renewal or naturalization
- Affect findings of good moral character required for citizenship
- Lead to detention if combined with other charges or priors
If the offense involves injury, property damage, a child in the vehicle, or refusal to take a breathalyzer test, the risk of serious consequences increases. These factors, in particular, can call your character into question in your immigration process.
How OUI Cases are Handled in Massachusetts Courts
In Massachusetts, OUI charges are often dealt with at the local level. Your case will be heard in a local district court where immigration status isn’t usually discussed. However, once ICE becomes aware of an arrest, especially for those with prior offenses, detainers can be issued.
How to Defend Your Case and Protect Your Status
If you’re a non-citizen charged with OUI in Massachusetts, it’s essential to:
- Avoid pleading guilty or speaking with anyone without consulting both a criminal and immigration attorney
- Explore pre-trial options that avoid admissions or penalties
- File a motion to vacate if your plea was entered without proper immigration advice
- Stay informed about your rights and ICE procedures; your attorneys can help with this
Massachusetts Operating Under the Influence FAQs
Can an OUI arrest alone lead to deportation?
Not usually. Immigration consequences generally follow a conviction, but arrests can trigger ICE holds or investigations, especially for non-citizens with prior infractions.
Does a first-time OUI affect a green card application?
It can. While one-time offenses may not trigger removal, they may raise red flags during green card reviews or adjustments of status.
Will a CWOF protect me from immigration consequences?
Not necessarily, there are no legal protections in place to prevent it from impacting your legal status. Immigration law may still consider a CWOF a conviction, especially if a guilty plea is entered and probation is imposed.
Can I travel internationally after an OUI charge?
Traveling with a pending or recent OUI charge can be risky. Customs and Border Protection can deny reentry depending on how your case was resolved.
What if I already pleaded guilty without knowing the immigration consequences?
You may be able to challenge or vacate the plea if your attorney did not properly advise you. There may be other ways as well, but an immigration law attorney will need to know the facts of your case to determine eligibility.
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Contact a Qualified Operation Under the Influence Attorney Today
A single OUI arrest in Massachusetts doesn’t automatically lead to deportation, but it can seriously complicate your immigration status. This is especially true if it results in a conviction, CWOF, or a second offense. From visa delays to denied green card renewals, the consequences can follow you for years if not handled carefully.
If you’re unsure how your case might affect your status or whether your plea options were explained properly, you deserve answers before taking another step. Riccio Law provides focused legal guidance for individuals facing OUI charges with immigration concerns. If you’re in the Boston or Quincy areas, schedule a confidential consultation with Riccio Law to talk through your options.
