Can I Be Deported For A First Dui In Illinois?

Chicago Criminal Defense Lawyer Explains How a DUI Can Impact Your Immigration Status

When someone is stopped for drunk driving in Chicago, they often think the worst-case scenario is losing their license. For non-U.S. citizens, however, the consequences can be much more severe. Under Illinois law, a first DUI is generally a Class A misdemeanor under 625 ILCS 5/11-501, but the immigration system does not always treat misdemeanors lightly. Depending on the facts of your case, immigration authorities can use the arrest or conviction to start removal proceedings or deny future immigration benefits.

In neighborhoods such as Logan Square, Albany Park, or Bridgeport, a DUI stop usually begins when an officer claims to see erratic driving or a traffic infraction. Once stopped, officers may perform field sobriety tests and request a breath or blood sample. Failing or refusing these tests may lead to arrest. From that point, your fingerprints are entered into a federal database accessible by the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE).

Even if you hold lawful permanent residence, a conviction for driving under the influence can complicate re-entry into the U.S., citizenship applications, or renewal of your green card. That is why hiring a Chicago criminal defense attorneyexperienced in both DUI defense and immigration implications is critical.

Understanding Illinois DUI Laws and the Immigration Connection

Illinois statutes classify a first DUI as a Class A misdemeanor punishable by up to one year in jail and fines up to $2,500. However, aggravating circumstances elevate the charge to a felony under 625 ILCS 5/11-501(d). These include having a minor passenger, causing injury, or driving without a valid license or insurance.

Federal immigration law, under 8 U.S.C. § 1227(a), makes non-citizens removable for certain crimes such as aggravated felonies or crimes involving moral turpitude. A simple DUI without aggravation is generally not one of them, but it still raises red flags during immigration screenings. For individuals on student visas, work permits, or asylum status, any criminal conviction can trigger further scrutiny or denial of extensions.

The overlap between Illinois criminal law and federal immigration law is complex. A single error during the criminal process can create lasting problems. For example, accepting a plea deal that avoids jail but still counts as a conviction under immigration law can make deportation more likely. That’s why a qualified defense attorney must review every offer from the prosecution before you make a decision.

How Chicago Prosecutors Build DUI Cases

In Cook County, the State’s Attorney relies on evidence collected by the Chicago Police Department or the Illinois State Police. The typical file includes:

The officer’s narrative report describing probable cause for the stop
Breathalyzer or blood test results
Video footage from the squad car or body camera
Statements allegedly made by the driver

Each piece of evidence can be challenged. If the officer lacked probable cause for the traffic stop, the entire case can be suppressed. If chemical testing equipment was not calibrated or the 20-minute observation period was ignored, BAC results may be inadmissible. A Chicago DUI lawyer can also request maintenance logs, cross-examine technicians, and challenge the prosecution’s scientific methods.

Example: A First-Time DUI in Humboldt Park

Consider a fictional example from Humboldt Park. A lawful permanent resident was pulled over after police said his car drifted over the lane divider. The officer noted a faint smell of alcohol and asked the driver to perform field sobriety tests on an icy sidewalk. The driver struggled to balance and was arrested.

At the first court appearance, the defense obtained dash-cam footage showing that the road was slick from freezing rain and the lane markers were barely visible. The video contradicted the officer’s report and showed that the driver had used proper turn signals. The defense filed a motion to suppress for lack of probable cause, which the judge granted. The State’s Attorney then dismissed the case.

The result not only prevented a criminal conviction but also protected the client’s immigration record. This scenario demonstrates why careful investigation and immediate legal representation can completely change the outcome of a DUI case.

The Illinois Criminal Process and Why Legal Counsel Matters

After arrest, defendants are booked at the Cook County Jail or local station and appear before a bond judge within 24 hours. The next steps include:

Arraignment: The formal reading of charges.
Pre-trial motions: Your attorney may challenge evidence or seek dismissal.
Discovery: Exchange of all evidence between the prosecution and defense.
Negotiation or trial: Many first-time cases are resolved through plea bargains, but some proceed to trial if the evidence is disputed.

Each step affects both your criminal record and immigration standing. If you plead guilty without understanding the consequences, you may lose future immigration benefits. The Illinois Supreme Court’s Rule 402 requires judges to ensure you understand your rights, but the responsibility for explaining immigration risk rests with your lawyer.

A strong legal defense can include challenging the traffic stop, questioning BAC results, arguing constitutional violations, or seeking court supervision instead of conviction under 730 ILCS 5/5-6-3.1. Successful completion of supervision avoids a formal conviction, a vital benefit for non-citizens.

Immigration Consequences Beyond Deportation

Even when deportation is not immediately triggered, a DUI conviction can create long-term damage. It can:

Disqualify you from DACA or Temporary Protected Status renewals
Lead to visa denials or delays at U.S. consulates abroad
Prevent approval of naturalization applications due to “lack of good moral character” under 8 C.F.R. § 316.10

The federal government has discretion to evaluate your overall record, including rehabilitation and community involvement. Avoiding a conviction, obtaining expungement where possible, or securing a reduced charge can significantly improve your immigration outlook.

Potential Defenses to a First DUI

A Chicago criminal defense attorney may use several strategies, including:

Arguing that police lacked probable cause for the initial stop
Demonstrating improper administration of field sobriety or chemical tests
Showing that medical conditions like GERD or diabetes affected BAC readings
Revealing that the arresting officer failed to comply with Illinois State Police procedures under Administrative Code Section 1286

Every case is unique. The most effective defense depends on the facts, the evidence, and the judge or prosecutor involved.

FIRST DUI AND DEPORTATION IN CHICAGO FAQs

Does a first DUI automatically lead to deportation?
No. A standard first DUI is not typically a deportable offense, but aggravating factors—such as injury, drugs, or prior convictions—can trigger removal. Immigration authorities review the full record before deciding.

Can I still apply for citizenship after a DUI?
Possibly, but you must show good moral character. USCIS officers consider DUI convictions within the last five years, and multiple offenses may delay or deny approval.

What if I refuse a breath test in Illinois?
Refusing results in a statutory summary suspension of your driver’s license under 625 ILCS 5/11-501.1. However, refusal can sometimes weaken the prosecution’s evidence at trial.

Will a court supervision sentence protect me from deportation?
Court supervision prevents a formal conviction under Illinois law, which often avoids triggering deportation. However, immigration authorities still review the arrest record.

Can I travel outside the U.S. after a DUI arrest?
If your case is pending, travel can be risky. Re-entry officers may question you about the arrest. Always consult a Chicago criminal defense lawyer before traveling internationally.

Can a DUI affect DACA or asylum?
Yes. Even without deportation, it can cause revocation or denial of immigration relief based on discretionary grounds.

How can a Chicago DUI defense lawyer help?
Your lawyer can investigate the arrest, negotiate with prosecutors, file motions to suppress evidence, and seek outcomes that protect your immigration status.

If I’m convicted, can I expunge the DUI later?
No. Illinois law prohibits expungement of DUI convictions. Only dismissals, acquittals, or supervision cases may qualify.

What happens if ICE places a hold on me after a DUI arrest?
You may be transferred to federal custody. Your defense attorney can coordinate with immigration counsel to seek bond and protect your rights in both systems.

Why should I hire The Law Offices of David L. Freidberg?
Because experience matters. Attorney Freidberg has defended thousands of clients in Chicago’s criminal courts and understands how state and federal systems intersect. His firm offers personalized, strategic representation for every case.

Call The Law Offices of David L. Freidberg Today

If you are facing a first-time DUI in Chicago and fear immigration consequences, do not handle the case alone. The right defense can protect your freedom, your license, and your ability to remain in the United States.

When You Need a Fighter, Call Us!

If you were arrested in Chicago, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling criminal, DUI, and traffic cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.

Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.