Taking Action Against Drunk Drivers Act

Taking Action Against Drunk Drivers Act

This bill amends the Immigration and Nationality Act to require the mandatory detention of an alien who: (1) was not lawfully admitted into the United States, held a revoked nonimmigrant visa, or violated his or her nonimmigrant status; and (2) has a pending federal or state charge of driving under the influence or driving while intoxicated, regardless of whether the offense is classified as a felony or a misdemeanor.

An alien convicted of three or more federal or state offenses for driving under the influence or driving while intoxicated, regardless of whether the offenses are classified as felonies or misdemeanors, is: (1) inadmissible, or (2) deportable if at least one of such offenses occurred after the enactment of this bill.

The definition of "aggravated felony" is expanded for purposes of such Act to include a third conviction under federal or state law for driving under the influence or driving while intoxicated, regardless of whether the offense is classified as a felony or a misdemeanor, for which the term of imprisonment is at least one year.

An alien who was convicted two or more times before the enactment of this bill for driving under the influence of alcohol or drugs may not be removed for the commission of an aggravated felony based upon such convictions until conviction of another such offense after the enactment of this bill.