DUI and Deportation: What Arizona Drivers Need to Know About New Immigration Legislation
A bill recently passed by the U.S. House of Representatives is stirring national debate—and raising serious questions for anyone facing DUI charges, especially undocumented immigrants.
The "Protect Our Communities from DUIs Act of 2025", sponsored by Alabama Congressman Barry Moore, would require the automatic deportation of undocumented immigrants convicted of driving under the influence, with no eligibility for future reentry into the United States. While it has not yet become law, the bill passed the House with bipartisan support and is now headed to the Senate.
As an Arizona DUI law firm, we believe it’s important to understand what this means—both for our immigrant communities and for how DUI cases are increasingly becoming entwined with federal immigration enforcement.
What the Bill Says
The proposed law, formally named after DUI crash victims Jeremy and Angel Seay (Alabama) and Sergeant Brandon Mendoza (Arizona), mandates that:
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Any undocumented immigrant convicted of a DUI offense would be deported.
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They would also be permanently barred from reentering the U.S., regardless of their prior status or ties to the country.
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The bill does not distinguish between misdemeanor and felony DUI offenses.
While the bill is federal, it intersects directly with state-level DUI prosecutions, like those we handle in Arizona courts every day.
How Arizona DUI Law Works
In Arizona, DUI laws are already among the strictest in the country. Here's how the legal landscape looks:
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The legal limit is 0.08% BAC, but you can still be charged if you're "impaired to the slightest degree", even below that level.
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First-time offenders may face mandatory jail time, steep fines, license suspension, and ignition interlock requirements.
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Aggravated DUI is a felony offense if:
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It's a third DUI in 7 years
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You're driving with a suspended license
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A child under 15 is in the vehicle
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For undocumented immigrants, even a first-time misdemeanor DUI conviction may now result in federal removal proceedings, depending on how this legislation develops.
Why This Matters in Arizona
Arizona has a large immigrant population, and we’ve already seen immigration consequences arise in DUI cases—especially when ICE becomes involved post-arrest. However, this proposed law raises the stakes even further:
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No second chances: The bill eliminates prosecutorial discretion or future adjustment of status.
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No path back: Once deported under this law, the individual would be permanently barred from reentry—even for family reunification, asylum, or employment purposes.
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Public safety vs. immigration enforcement: Supporters argue it's a necessary deterrent. Critics argue it punishes people twice and lacks nuance.
It’s important to remember that not all DUI cases are the same—and not all DUI convictions reflect dangerous or habitual behavior. In some cases, even a borderline BAC result, prescription medication, or momentary lapse in judgment can trigger a DUI arrest.
If You’re Facing DUI Charges in Arizona and Are Not a U.S. Citizen
The stakes are especially high. Even a misdemeanor conviction can create serious immigration consequences, particularly if this bill becomes law.
Here’s what you need to do immediately:
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Do not plead guilty without legal guidance.
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Hire an attorney experienced in both DUI and immigration-sensitive cases.
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Understand your options—there may be defenses, diversion programs, or plea negotiations available that reduce immigration risk.
At our firm, we work with clients from all backgrounds and immigration statuses. We take the time to understand not just your criminal case—but the full consequences that could follow.
Final Thoughts
The DUI = Deportation debate is ongoing, and the future of this bill in the Senate remains uncertain. But what is certain is this:
If you are undocumented and charged with DUI in Arizona, the legal risk is more serious than ever before.
Whether you’re a permanent resident, DACA recipient, visa holder, or undocumented, don’t take chances with a DUI charge. Your future in this country could be on the line.
If you or someone you know has been charged with DUI in Arizona, contact our office immediately for a confidential consultation. We’re here to help you protect your rights, your record, and your future.