In Ohio, driving under the influence is called OVI, which stands for operating a vehicle while impaired. For U.S. citizens, an OVI is mainly a criminal and driving record issue. For noncitizens, an OVI arrest or conviction can also raise immigration questions. This article gives a general overview.
We handle both OVI defense and immigration matters, which you can read about on our services page.
Is an OVI a deportable offense?
In general, a simple first OVI, with no aggravating factors, is usually not treated as a crime involving moral turpitude or an aggravated felony. That does not mean an OVI is harmless for immigration.
The details matter, and several situations deserve close attention.
When an OVI can create bigger immigration problems
Drugs. An OVI involving a controlled substance may raise controlled substance issues under immigration law, depending on the record.
Aggravating factors. Driving while knowingly under suspension, injuring someone, or having a child in the car can change how an offense is viewed.
Multiple OVIs. Two or more DUI-type convictions during the good moral character period can create a presumption that a person lacks good moral character, which can affect naturalization and some forms of relief.
Felony OVI. Repeat offenses within Ohio's lookback period can become felonies, which raises the stakes further.
Effects by immigration status
Visa holders. The State Department may revoke a nonimmigrant visa after a DUI-type arrest, even before a conviction. That can affect future travel and visa renewals.
DACA recipients. A DUI-type conviction is generally treated as a "significant misdemeanor," which can affect DACA eligibility and renewals.
Green card applicants. An OVI may lead to more questions or a medical referral during the application process.
Permanent residents applying for citizenship. An OVI can lead to a closer look at good moral character, especially if there is more than one.
Arrests can trigger immigration enforcement
An arrest can lead to fingerprints being shared with federal immigration authorities. In some cases, immigration authorities may ask the local jail to hold a person, which is known as a detainer. Family members should know this can happen even on a first offense.
Why the criminal strategy matters
How an OVI case is resolved can make a real difference. The charge, the plea, and the exact record created in court can all affect immigration outcomes. A noncitizen facing an OVI should make sure the defense strategy accounts for immigration from the beginning.
If you or a family member is facing an OVI charge in Columbus, Newark, or elsewhere in Ohio, contact Wisniewski Law to request a consultation.
This article provides general information only and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every situation is different, so please speak with an attorney about your specific case.
