148 
be reimbursed by the Secretary of Homeland Secu-
rity.’’. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary such 
sums as may be necessary to carry out this section and 
the amendments made by this section. 
SEC. 214. INCREASED CRIMINAL PENALTIES RELATED TO 
DRUNK DRIVING. 
(a) INADMISSIBILITY.—Section 212(a)(2) (8 U.S.C. 
1182(a)(2)) is amended— 
(1) by redesignating subparagraph (F) as sub-
paragraph (J); and 
(2) by inserting after subparagraph (E) the fol-
lowing: 
‘‘(F) DRUNK
DRIVERS.—Any alien who 
has been convicted of 3 offenses for driving 
under the influence and at least 1 of the of-
fenses is a felony under Federal or State law, 
for which the alien was sentenced to more than 
1 year imprisonment, is inadmissible.’’. 
(b) DEPORTABILITY.—Section 237(a)(2) (8 U.S.C. 
1227(a)(2)) is amended by adding at the end the fol-
lowing: 
‘‘(F) DRUNK DRIVERS.—Unless the Sec-
retary of Homeland Security or the Attorney 
VerDate Aug 31 2005 
23:44 Mar 23, 2007
Jkt 059200
PO 00000
Frm 00148
Fmt 6652
Sfmt 6201
E:\BILLS\H1645.IH
H1645
ccoleman on PROD1PC60 with BILLS
149 
General waives the application of this subpara-
graph, any alien who has been convicted of 3 
offenses for driving under the influence and at 
least 1 of the offenses is a felony under Federal 
or State law, for which the alien was sentenced 
to more than 1 year imprisonment, is deport-
able.’’. 
(c) JUDICIAL ADVISAL.— 
(1) IN GENERAL.—A court shall not accept a 
guilty plea for driving under the influence unless the 
court has administered to the defendant, on the 
record, the following adivsal: 
‘‘If you are not a citizen of the United States, you 
are advised that conviction for driving under the in-
fluence, including conviction by entry of any plea, 
even if the conviction is later expunged, may result 
in deportation, exclusion from admission to the 
United States, or denial of naturalization pursuant 
to the laws of the United States.’’. 
(2) FAILURE TO ADVISE.—Upon request, the 
court shall allow the defendant a reasonable amount 
of additional time to consider the appropriateness of 
the plea in light of the advisement set out in para-
graph (1). If the court fails to advise the defendant 
in accordance with paragraph (1) and the defendant 
VerDate Aug 31 2005 
23:44 Mar 23, 2007
Jkt 059200
PO 00000
Frm 00149
Fmt 6652
Sfmt 6201
E:\BILLS\H1645.IH
H1645
ccoleman on PROD1PC60 with BILLS
150 
shows that conviction of the offense to which the de-
fendant pleaded guilty may result in the defendant’s 
deportation, exclusion from the United States, or de-
nial of naturalization pursuant to the laws of the 
United States, the court, upon a motion by the de-
fendant, shall vacate the judgment and permit the 
defendant to withdraw the plea and enter a plea of 
not guilty. If the record does not show that the court 
provided the required advisement, it shall be pre-
sumed that the defendant did not receive the advise-
ment. The defendant shall not be required to dis-
close his or her immigration status at any time. 
(d) CONFORMING AMENDMENT.—Section 212(h) (8 
U.S.C. 1182(h)) is amended— 
(1) in the subsection heading, by striking ‘‘SUB-
SECTION (a)(2)(A)(i)(I), (II), (B), (D),AND (E)’’ and 
inserting ‘‘CERTAIN PROVISIONS
IN SUBSECTION 
(a)(2)’’; and 
(2) in the matter preceding paragraph (1), by 
striking ‘‘and (E)’’ and inserting ‘‘(E), and (F)’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act and shall apply to convictions entered on or 
after such date. 
VerDate Aug 31 2005 
23:44 Mar 23, 2007
Jkt 059200
PO 00000
Frm 00150
Fmt 6652
Sfmt 6201
E:\BILLS\H1645.IH
H1645
ccoleman on PROD1PC60 with BILLS