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What will happen to a illegal immigrant, charged with DWI?

Waco, TX |

My husband was recently arrested and charged with DWI, no immigration hold was placed. This is the first time he has gotten in trouble. Is there a possible chance of deportation and what other risk does he face?

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You need a local defense lawyer to advise you on what to expect. I have represented defendants with varying degrees of status in our country, it may be possible to get through this process and avoid deportation. You need an experienced local defense lawyer to have the chance to help your husband. Find a lawyer who has not only DWI experience, but experience with non-citizen defendants. I would also recommend that you visit an immigration lawyer to see if anything can be done to help your husband stay in the country, and to advise you during the criminal case.

Robert Guest is a Kaufman County Criminal Defense Lawyer with offices is Forney, Texas, Irving, Texas and Kaufman, Texas. We do not have an attorney-client relationship. My use of Avvo is not intended to form an attonrey-client relationship. Avvo is a limited forum and should never be used as a replacement for a consultation with a local lawyer. My answers are not legal advice. You really need a consultation with a local attorney. Do that before making any important decisions.


An illegal immigrant is always at risk for being deported. It will hurt his chances of staying here legally if he takes a DWI conviction. He needs to find an attorney in his area who regularly handles DWIs. They are complex cases, but there are many ways to beat them. He needs to do everything possible to prevent a conviction.

Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at for more information about her services and recent victories.



We have attorney already, and he says that there is know way to beat and only option we have is to wait and see what the judge says. Is this accurate or should we look into finding a different attorney?

Macy Michelle Jaggers

Macy Michelle Jaggers


Not necessarily. Unless the attorney has said that without obtaining the evidence from the DA. The most important thing you need to evaluate the case is the video. But he should also be reviewing the offense report and test results. If the test results are high (and valid and admissible) and the video is bad, chances at trial are probably low.

Jodi Soyars

Jodi Soyars


There are 3 ways to beat DWIs...the law, the facts and/or the odds. Sometimes you may not have the facts or law on your side, however, sometimes even bad cases for the defense get dismissed becsuse the State cant get its evidence there. So if your attorney is not expkaining this to you and is pushing a plea without allowing you to consider playing the odds (especially on a DWI where punishments after conviction from a jury are generally no worse than the plea offer itself), you should consider changing counsel.


If he's an illegal immigrant and immigration finds out, he will be deported. This is not related to the DWI. Generally a first time DWI (alcohol) will not affect the status of a LEGAL immigrant.
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My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website,


Any person who is illegally in the USA is at risk of deportation, or as it is now called, "removal". For this reason, your husband should immediately consult a reputable immigration lawyer.

One good one is Thomas Esparza in Austin.

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.

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