If you are not a U.S. citizen, a DWI arrest raises two problems at once: the criminal case in state court and the Missouri DWI immigration consequences that follow. Those consequences can reach your visa, green card, DACA or citizenship application.
Many people misunderstand these rules. Some people assume a first DWI means automatic deportation. Others assume a DWI never matters to immigration. Neither is true, and the details of your plea can make the difference.
Quick answer: A simple first-offense DWI under section 577.010, RSMo is generally not a deportable crime under current federal law. But a DWI can still revoke a visa, end DACA eligibility, delay citizenship, and lead to ICE detention. Aggravating facts, such as injury, drugs or a revoked license, can turn a DWI into a far more serious immigration problem.
Is a Missouri DWI a deportable offense?
Usually not, if it is a simple DWI with no aggravating facts. Federal law lists the crimes that make a lawful resident deportable. The main ones are aggravated felonies, crimes involving moral turpitude, drug offenses, firearms offenses and domestic violence.
A plain DWI does not fit those categories well. In Leocal v. Ashcroft (2004), the U.S. Supreme Court held that a DUI is not a “crime of violence.” That means it is not an aggravated felony on that basis. Immigration courts also generally treat simple DWI as not involving moral turpitude, because it requires no intent to do harm.
Missouri’s statute fits that pattern. Under section 577.010, you commit DWI if you operate a vehicle “in an intoxicated condition.” The State does not have to prove you meant to hurt anyone.
That is the good news. The rest of this post covers the many ways a DWI can still hurt your immigration case.
Does an SIS avoid Missouri DWI immigration consequences?
Usually not, because an SIS still counts as a conviction for immigration purposes. This is the most common trap for non-citizens in Missouri.
Under Missouri law, a suspended imposition of sentence (SIS) is not a conviction. If you finish probation, the record closes. Many people take an SIS on a first DWI for exactly that reason.
Federal immigration law uses its own definition. Under 8 U.S.C. § 1101(a)(48)(A), a conviction exists when you plead guilty and the judge orders some punishment or restraint. Probation counts as a restraint. So a guilty plea with an SIS and probation is usually a conviction for immigration purposes.
Two more points matter here:
- First-offense SIS terms: Section 577.010 bars an SIS on a first DWI unless you serve at least two years of probation, or complete DWI court in some high-BAC cases. That probation is the “restraint” federal law looks for.
- Suspended sentences still count: Under 8 U.S.C. § 1101(a)(48)(B), a jail term counts at its full length even if the judge suspends it. A suspended execution of sentence (SES) with a long jail term on paper can matter.
When do Missouri DWI immigration consequences include deportation?
The most serious Missouri DWI immigration consequences arise when the DWI comes with extra facts or extra charges. Each of these needs a close look before any plea.
DWI causing injury or death
Section 577.010 makes it a felony to cause physical injury, serious physical injury or death while driving intoxicated. These charges carry long prison terms. Some may be argued to be crimes involving moral turpitude, and they can block asylum and other relief. A non-citizen facing one of these charges needs immigration advice before any plea discussion.
DWI involving drugs
Missouri’s DWI law covers impairment by alcohol, drugs or both. If the court record names a specific controlled substance, it can create separate drug-related immigration problems. Immigration officials can also use an admission of drug use made to an officer. How the charge and plea are worded matters.
DWI while your license is revoked
The Board of Immigration Appeals has held that DUI while knowingly driving on a suspended license can be a crime involving moral turpitude. Missouri usually charges driving while revoked as a separate offense. Still, pleading to both charges together can create risk that a DWI alone would not.
Felony DWI as a repeat offender
A second DWI is a class A misdemeanor, but a persistent, aggravated, chronic or habitual offender faces a felony DWI under section 577.010. A felony bars DACA outright. It also weighs heavily in any request for discretionary relief or bond.
How do Missouri DWI immigration consequences affect citizenship, DACA and visas?
Even when a DWI is not deportable, it can block or delay the next step in your immigration case. The impact depends on your status.
Citizenship (naturalization)
To become a citizen, you must show “good moral character” for a set period, usually five years. In Matter of Castillo-Perez (2019), the Attorney General held that two or more DUI convictions during the required period create a presumption that a person lacks good moral character. USCIS adopted that rule for citizenship applications.
In August 2025, USCIS issued a new policy memo calling for a broader, “holistic” review of character. It names multiple DUI convictions as a concern unless you show real reform. A single DWI is not an automatic bar, but expect questions about it.
Green card holders and applicants
A lawful permanent resident with one simple DWI is usually not deportable. But a DWI can matter when you travel, renew, or apply for citizenship. Green card applicants also face a medical exam, and a recent alcohol-related arrest can prompt questions about alcohol use.
DACA recipients
USCIS treats any DUI or DWI conviction as a “significant misdemeanor” for DACA, no matter the sentence. One DWI conviction can end DACA eligibility. USCIS does not treat an expunged conviction as an automatic bar, but it still reviews it. For DACA recipients, the plea is often the whole case.
Visa holders (students, workers, visitors)
The State Department can revoke a visa after a DUI arrest, even before any conviction. Consulates also send visa applicants with a recent alcohol-related arrest to a panel physician for a medical review. You may be able to stay in valid status, but you may need a new visa before you can return from a trip abroad.
Can ICE pick you up after a DWI arrest?
Yes. For people without lawful status, the arrest itself is often the biggest risk. A conviction is not required.
When you are booked, your fingerprints go to federal databases that ICE can see. ICE can then ask the jail to hold you with a detainer. In Missouri, the State Highway Patrol and many local agencies now have 287(g) agreements with ICE. Those agreements let trained officers take on some immigration duties.
If ICE takes custody, a DWI hurts your chances of release. In Matter of Siniauskas (2018), the Board of Immigration Appeals called DUI a significant adverse factor in bond hearings. It also held that family ties generally do not offset that danger.
The federal Laken Riley Act, signed in January 2025, adds mandatory detention for some non-citizens charged with listed crimes. That list includes crimes that cause death or serious bodily injury, which can cover DWI crashes.
Could Congress make every DWI deportable?
It is possible, but it has not happened yet. The House passed the Protect Our Communities from DUIs Act (H.R. 875) on June 26, 2025, by a vote of 246 to 160. The bill would make non-citizens convicted of, or who have committed, drunk or impaired driving both inadmissible and deportable.
As of October 2026, the bill sits in the Senate Judiciary Committee, along with a Senate version (S. 2553). Neither is law. If one passes, a single Missouri DWI could carry far heavier consequences, so watch this closely.
How can you limit Missouri DWI immigration consequences after an arrest?
The choices you make early in the criminal case shape your immigration outcome. In Padilla v. Kentucky (2010), the U.S. Supreme Court held that defense lawyers must advise non-citizen clients about deportation risk. Use that right.
- Tell your defense lawyer your exact status. Green card, visa, DACA, pending application or no status all call for different strategies.
- Do not discuss your status or drug use with police. You have the right to stay silent. Statements in a police report can follow you into immigration court.
- Challenge the DWI itself. The stop, the field sobriety tests and the breath or blood test can all be attacked. A dismissal or acquittal is the safest result.
- Look at alternative pleas. A reduction to a non-DWI traffic offense may avoid the DACA bar and the two-DUI rule for citizenship.
- Watch the wording of the record. Avoid pleas or charging language that names a controlled substance or adds a license-revocation element.
- Get immigration advice before you plead or travel. A short consult with an immigration attorney can prevent a permanent mistake.
- Build proof of rehabilitation. Completing SATOP, treatment and probation on time helps in any later bond, visa or citizenship case.
Frequently asked questions
Will I be deported for a first DWI in Missouri?
A green card holder with one simple DWI usually is not deportable under current law. People without lawful status face a much higher risk, because the arrest can lead to ICE contact.
Does an SIS keep a DWI off my immigration record?
No. A guilty plea with an SIS and probation usually counts as a conviction under federal immigration law, even though Missouri closes the record.
Can I apply for citizenship with a DWI?
Yes, but it will be reviewed. Two or more DWI convictions in the lookback period create a presumption against good moral character, which is one of the most serious Missouri DWI immigration consequences.
Can a DWI arrest cancel my student or work visa?
It can. The State Department may revoke a visa after a DUI arrest, so talk to a lawyer before you travel outside the U.S.
Is a DWI a bar to DACA?
Yes. USCIS treats a DUI or DWI conviction as a significant misdemeanor, which makes a person ineligible for DACA.
Do I need a DWI lawyer or an immigration lawyer?
Usually both. Your DWI lawyer controls the plea and the record, and an immigration lawyer can confirm how that result will affect your status.
Talk to a lawyer about Missouri DWI immigration consequences
If you are not a U.S. citizen and you were arrested for DWI, do not plead guilty until you understand the immigration impact. A plea that looks minor in state court can follow you for years.
Attorney Brian J. Cooke defends DWI cases across the St. Louis area and builds each plea strategy around your status. Learn more about our St. Louis DWI defense. Call (314) 439-8501 or contact us online for a confidential consultation.
This post gives general information about Missouri and federal law as of October 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Immigration law changes often, so speak with a lawyer about your own case.
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