Driving and alcohol-related offenses are not a category of offenses specifically listed in the crime-related provisions of the Immigration & Nationality Act. However, these types of convictions can trigger deportation,  inadmissibility or aggravated felony provisions
where the statute of conviction constitutes either a crime involving moral turpitude (CIMT) or a crime of violence (COV) under immigration law. Whether a specific driving or alcohol-related offense constitutes either a CIMT or a COV under the relevant immigration provisions will depend upon the language of the statute at issue, not
necessarily the conduct of the defendant. In order to ensure that a conviction for a particular driving or alcohol-related offense does not render a noncitizen defendant deportable, inadmissible or an aggravated felon under immigration law, counsel must ensure that the offense does not constitute either a CIMT or a COV.

• For an analysis of what constitutes a crime of moral turpitude under immigration
law, see Chapter Five: Crimes Involving Moral Turpitude.

• For an analysis of what constitutes a crime of violence under the aggravated felony
definition, see Chapter Nine: Crimes of Violence.
Given the plethora of driving offenses under Title 46, it is not possible to analyze each
offense specifically here. However, counsel should consult WDA’s website at
http://www.defensenet.org under the Immigration Project link. A specific analysis of
each driving offense and safer alternative strategies are provided there.