A story that captured the attention of many in the Twin Cities recently was that of Antonia Aguilar Maldonado, a mother of two young U.S. citizen children who was taken into ICE custody and faced the terrifying possibility of being deported. After a community rallied behind her and a legal battle ensued, a judge ordered her release, allowing her to be reunited with her family. Her story is a powerful reminder of how quickly a person’s life and family can be thrown into chaos by our complex legal system, particularly where immigration is involved. While Ms. Maldonado’s case stemmed from her asylum pursuit, it highlights a critical issue that we see frequently in our DWI defense practice: how a single criminal charge can trigger a second, potentially more devastating, battle in immigration court.
For many, a DWI charge seems like a serious traffic violation, and it is. The immediate consequences are frightening enough: the potential for jail time, hefty fines, and the loss of your driving privileges. However, for non-U.S. citizens living in Minnesota, the stakes are exponentially higher. A DWI conviction is not just a mark on your driving record; it can be a direct threat to your ability to live and work in the United States, to keep your family together, and to pursue your American dream. This intersection of criminal and immigration law, or crimmigration, is a legal minefield where a wrong step can have life-altering consequences.
Under federal immigration law, certain criminal convictions can make a non-citizen inadmissible or deportable. While a single, simple DWI is not always automatically a deportable offense, the specifics of the case matter immensely. For example, if the DWI involves aggravating factors—such as driving with a child in the car, causing an accident with injury, or driving with a suspended license—it can be categorized as a more serious crime, potentially a crime involving moral turpitude (CIMT) or an aggravated felony in the eyes of immigration officials. Such a classification can be a one-way ticket to removal proceedings.
Furthermore, even if a single DWI doesn’t immediately trigger deportation, it can create immense hurdles for your future. If you are applying for a green card (lawful permanent residence) or seeking to become a U.S. citizen through naturalization, a DWI on your record can be used as evidence that you lack the required good moral character. Immigration officials have broad discretion in these cases, and a conviction for driving while impaired is a significant red flag that can lead to a denial of your application, derailing years of effort and hope.
This is where having the right legal representation becomes absolutely critical. A criminal defense attorney who is not well-versed in immigration law might advise you to accept a plea bargain that seems favorable in criminal court. You might avoid jail time or pay a smaller fine, thinking the ordeal is over. But that very plea could be the conviction that immigration authorities use to deny your green card application or begin deportation proceedings against you. You may have won the battle in state court, only to lose the war for your future in this country.
An experienced DWI attorney who understands the collateral immigration consequences will approach your case differently. They will analyze every piece of evidence, challenge the traffic stop, question the validity of the breath, blood, or urine test, and fight the charge from every possible angle. The primary goal is always to avoid a conviction altogether. If that is not possible, the attorney will work tirelessly to negotiate a resolution that will have the least possible impact on your immigration status. This requires a deep understanding of how specific
Minnesota statutes are interpreted by federal immigration courts and agencies.
Ms. Maldonado’s case ended with a joyful reunion because she had strong legal advocates and community support. If you are a non-citizen facing a DWI charge in Minnesota, you also need a strong advocate in your corner. The charge against you is more than just a traffic offense; it’s a threat to your entire future. Don’t face it alone.
The information presented in this article is not considered legal advice. Please contact our law office to speak to an attorney about your case.