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Texas DWI Deportation Warning

Texas DWI Deportation Warning

No more “three strikes” law for deportation

Almost everyone knows one of the basic rules of baseball is “Three strikes, you’re out”! For the longest time, DWI deportation (and some other areas of the law) operated on the same premise. A person is not subject to deportation until their third “strike” (meaning their first felony DWI). Unknown to most of us, this has started changing in the shadows. Immigration has now started to deport people for a second DWI conviction instead of waiting for a third. There does not seem to be any clear rhyme or reason to this change. But, it is a change that may affect many people in the DFW area. Even worse, a person may not know about the deportation until their DWI probation is over! Just imagine doing everything the State and the Court told them to do just to finish probation and have the police deport them.

There is one huge exception to this rule, even when it was still operating under the “three strikes” premise. ANY conviction for a drug-based DWI (any drug aside from alcohol, including prescription medication) is AUTOMATIC deportation.

Even if a person is not subject to deportation, there are other consequences. For example, a single DWI can affect their ability to obtain permanent resident status in the United States.

Texas Code of Criminal Procedure Article 26.13 states that the court must “admonish” (inform and confirm understanding) a defendant of the consequences of a guilty plea. These admonishments include the possibility of deportation. Unfortunately, courts need only admonish on the possibility of deportation, not state that the defendant will, in fact, face deportation.


More about Mimi Coffey

When people look for a Top DWI Attorney or Best DWI Attorney, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), Theft, and Possession charges.

Mimi is also listed on several “top” directory listings such as DWI Lawyers for Wise County, DWI Lawyer Tarrant CountyDWI attorney Dallas County, DWI attorneys Collin County and DWI attorneys Parker County. Mimi is a caring DWI Lawyer in DFW, She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.