An OUI charge can have serious immigration consequences — and in 2025 and 2026, those consequences are more severe than they have ever been. Whether you are a green card holder, on a work or student visa, a DACA recipient, or undocumented, an OUI arrest in Massachusetts puts your immigration status at risk in ways that go far beyond the criminal case itself.
Understanding what is at stake is the first step toward protecting yourself.
The Law Today: A Simple OUI Is Not Automatically Deportable
Under current federal immigration law, a first-offense OUI is not listed as a deportable offense. U.S. courts have consistently held that a basic drunk driving charge does not meet the legal definition of the kinds of serious crimes that trigger automatic removal. That is the good news.
The harder truth is that “not automatically deportable” does not mean safe. In today’s enforcement climate, an OUI arrest can still set off a chain of events that leads to detention, removal proceedings, or the loss of your visa or protected status. The outcome depends heavily on your specific immigration situation.
Green Card Holders
If you have a green card, a single OUI conviction will not, by itself, get you deported. But it can still hurt you. It creates problems when you apply for citizenship — immigration officials look closely at your history, and even one DUI is a mark against you. Two or more DUI convictions during the period reviewed for citizenship make it extremely difficult to qualify.
Traveling outside the United States after an OUI conviction also carries risk. U.S. Customs officers can question you at the border, and in some cases, a prior conviction can delay or complicate your re-entry.
Visa Holders
If you are in the United States on a work visa, student visa, or tourist visa, an OUI arrest — even without a conviction — can trigger the cancellation of your visa. The State Department has the authority to revoke visas based on an arrest alone, based on a concern about alcohol or substance issues. If your visa is revoked while you are in the country, you may not be able to travel home and return. Do not leave the United States after an OUI arrest until you have spoken with both a criminal defense attorney and an immigration attorney.
DACA Recipients
For DACA recipients, an OUI conviction is among the most direct threats to protected status. Under the DACA program rules, a DUI is classified as a serious offense — regardless of whether it is a felony or a misdemeanor. A single conviction can end your DACA protections, leaving you without work authorization and subject to removal. With DACA already facing ongoing legal challenges, the stakes of any criminal conviction are especially high right now.
Undocumented Individuals
For someone without legal status, the OUI charge itself may not be the core legal problem — but the arrest is what brings you to law enforcement’s attention. When you are arrested and fingerprinted, that information is shared with federal immigration authorities. In today’s environment, where ICE has dramatically expanded its local partnerships across Massachusetts, an OUI arrest can quickly lead to an immigration hold and detention.
The CWOF Trap That Surprises Many People
Many noncitizens in Massachusetts accept a “Continuance Without a Finding,” or CWOF, thinking it means the case will not count against them. This is a dangerous misunderstanding. Under federal immigration law, a CWOF is treated as a conviction — because it requires admitting to sufficient facts and results in probation. If you are not a U.S. citizen, a CWOF carries the same immigration weight as a guilty plea.
Legislation That Could Make Things Worse
A bill called H.R. 875 passed the U.S. House of Representatives in 2025 and is now pending in the Senate. This bill has not become law yet. If it passes, it would make any DUI conviction — including a simple first offense — a standalone reason to be deported. This is a significant development worth watching closely.
Get The Right Help
An OUI charge when you are not a U.S. citizen requires defense that addresses both the criminal case and the immigration consequences at the same time. The outcome of your criminal case directly shapes what happens to your immigration status — and the wrong plea can have permanent consequences.
The Law Office of Matthew W. Peterson focuses on OUI defense in Massachusetts and understands the intersection between criminal charges and immigration risk. If you or a family member is facing an OUI charge, call us at 617-391-0060 to discuss your situation.
