In a really sticky bind and i need some advice

[Martin + Amie 0]

Good afternoon folks,

I landed myself in a really disappointing and somewhat bad situation on Tuesday and i need any advice I can get. Let me give you a brief status overview.

I came into the US through san francisco on the 1st of Jan 2007 on a K1 Visa which was approved in December 2006.

I got married within the 90 days on March 17th 2007.

I filed for AOS middle of Nov 2007. (I know its late but we were on an extended travelling holiday.)

The situation :

A couple of weeks after i arrived in the states i applied for a SSN and successfully got one.

I then went to the DMV a month later and took a theory test (written exam) for a drivers license and failed it. I then went back a month later and they said that they could not issue me an exam because my I94 had expired. The I94 i was given upon arrival expired in April 2007. So I had a long debate with them explaining that I need to drive as everyone does in southern california. They told me they couldnt do anything until I get some more documentation, namely a green card or an accepted AOS notice.

This put me in a tricky situation as i need to drive. I was under the impression that I could drive on my UK license since California would not issue me one. I called a lawyer and they said the reason they didnt give me one is because i am considered "out of status" which is fine. I have since received my NOA notices for my AOS and have a biometrics interview pending for next week. (18th of Dec).

I have been driving on my UK license since January and have never been pulled over at all. 3 weeks ago driving to san francisco from LA a cop pulls me over and gives me a speeding ticket. He suggested that i am not allowed to drive on my UK license but i told him that California would not give me a state one. He let me go with just a speeding ticket.

On tuesday night i was in downtown LA with some visitors from England and had a beer. By the time I finished with the visitors i maybe had 3-4 beers total. Not UK pint size, substantially smaller amounts. I was driving down through laguna beach after dropping them at their motel on my way home and a cop pulls me over. To cut a long story short, they arrested me for suspected DUI (Driving under the influence) and not having a valid driving license. I explained my situation to them about the license and they didnt have a clue about anything but decided to charge me for an invalid license anyway. I was held for 28 hours in Laguna Beach police station. I have to say at this point that personally, having 4 beers over the space of 6 hours and having one on average every hour DID NOT make me feel drunk in the slightest. However, i know the limit is 0.08%. I decided to opt for a blood test rather than the breathalizer and i have to wait 7-10 days for the results to see if i was over or not.

To cut a long story short I ended up being released and was given a court date for 01/30/2008.

I have a few questions that I need answers too and i was wondering if anyone could help me with them :

1. If I was over the limit will this affect my changes of getting AOS, EAD, AP, etc?

2. Am i legally allowed to drive on my UK license when i am out of status considering the DMV would not issue a california one to me.

3. Can I get a california license with the paper work I have now ? (NOA for AOS, and notice of action for AP and EAD + interview date notice)

4. What will happen to me since i am out of status and dont have a california license?

5. Will this stop me getting a California driving license?

6. Were they right to hold me for 28 hours since they had no proof i was over the limit because i opted for a blood test which takes 7 to 10 days?

7. What other options do I have to be able to drive legally since apparently i am not allowed to drive on my UK license and California will not issue me a local one?

8. Does anyone have any experiences related to the same issue? I would love to hear from you.

Being the stupid British man I am, i felt 100%ok to drive my car back home and genuinely did not think i was over the limit. Like I said i had 4 beers over a period of 6 hours. In 10 days i guess i will find out when the blood test gets back.

Any help is greatly appreciated,

Best Regards

Martin

[athena_ny 1]

Good afternoon folks,

I landed myself in a really disappointing and somewhat bad situation on Tuesday and i need any advice I can get. Let me give you a brief status overview.

I came into the US through san francisco on the 1st of Jan 2007 on a K1 Visa which was approved in December 2006.

I got married within the 90 days on March 17th 2007.

I filed for AOS middle of Nov 2007. (I know its late but we were on an extended travelling holiday.)

The situation :

A couple of weeks after i arrived in the states i applied for a SSN and successfully got one.

I then went to the DMV a month later and took a theory test (written exam) for a drivers license and failed it. I then went back a month later and they said that they could not issue me an exam because my I94 had expired. The I94 i was given upon arrival expired in April 2007. So I had a long debate with them explaining that I need to drive as everyone does in southern california. They told me they couldnt do anything until I get some more documentation, namely a green card or an accepted AOS notice.

This put me in a tricky situation as i need to drive. I was under the impression that I could drive on my UK license since California would not issue me one. I called a lawyer and they said the reason they didnt give me one is because i am considered "out of status" which is fine. I have since received my NOA notices for my AOS and have a biometrics interview pending for next week. (18th of Dec).

I have been driving on my UK license since January and have never been pulled over at all. 3 weeks ago driving to san francisco from LA a cop pulls me over and gives me a speeding ticket. He suggested that i am not allowed to drive on my UK license but i told him that California would not give me a state one. He let me go with just a speeding ticket.

On tuesday night i was in downtown LA with some visitors from England and had a beer. By the time I finished with the visitors i maybe had 3-4 beers total. Not UK pint size, substantially smaller amounts. I was driving down through laguna beach after dropping them at their motel on my way home and a cop pulls me over. To cut a long story short, they arrested me for suspected DUI (Driving under the influence) and not having a valid driving license. I explained my situation to them about the license and they didnt have a clue about anything but decided to charge me for an invalid license anyway. I was held for 28 hours in Laguna Beach police station. I have to say at this point that personally, having 4 beers over the space of 6 hours and having one on average every hour DID NOT make me feel drunk in the slightest. However, i know the limit is 0.08%. I decided to opt for a blood test rather than the breathalizer and i have to wait 7-10 days for the results to see if i was over or not.

To cut a long story short I ended up being released and was given a court date for 01/30/2008.

I have a few questions that I need answers too and i was wondering if anyone could help me with them :

1. If I was over the limit will this affect my changes of getting AOS, EAD, AP, etc?

2. Am i legally allowed to drive on my UK license when i am out of status considering the DMV would not issue a california one to me.

3. Can I get a california license with the paper work I have now ? (NOA for AOS, and notice of action for AP and EAD + interview date notice)

4. What will happen to me since i am out of status and dont have a california license?

5. Will this stop me getting a California driving license?

6. Were they right to hold me for 28 hours since they had no proof i was over the limit because i opted for a blood test which takes 7 to 10 days?

7. What other options do I have to be able to drive legally since apparently i am not allowed to drive on my UK license and California will not issue me a local one?

8. Does anyone have any experiences related to the same issue? I would love to hear from you.

Being the stupid British man I am, i felt 100%ok to drive my car back home and genuinely did not think i was over the limit. Like I said i had 4 beers over a period of 6 hours. In 10 days i guess i will find out when the blood test gets back.

Any help is greatly appreciated,

Best Regards

Martin

You have no other options if the DMV will not issue you a license - you'd need to check with the laws specific for your state, but here in Florida, they will take the NOA a lot of the time. But in New York, you NEED an EAD or a green card, an NOA is no good. So check with the laws, and that should tell you. Time to find some public transportation if they will not issue you a license - and I'm not saying that to be heartless, but "it's California/Florida/New York/insert state of your choice here and I have to drive" isn't really a valid argument. (A lessen my own husband earned the hard way, and I had to drive him everywhere for months...hi, not fun. So I get it, but still.)

My husband had a driving with an expired license charge, but no alcohol was involved, and that was dropped when he got his license. And now, he has a clean driving record since they finally changed his name to the correct one, giving him a new license number and everything.

Even if you are below .08%, in most states they can hit you with a lesser charge - usually driving while impaired or something along those lines, which has a lower legal limit and more minor consequences.

A DUI charge can affect you in the ways detailed on the following: http://www.californiadui.com/articles/immi...sues-of-dui.php

It can carry deportation or denied admission, but this may be able to be overcome with a waiver if your wife can prove significant hardship if forced to move to your country - more details on this would be found in the waiver forum. I am not sure how waivers work at the AOS stage, so I can't help there.

My best advice is to remain calm for now, investigate, and when you get your results back, take it from there. If it turns out that you are going to be hit with an alcohol related charged, please speak with a qualified family based immigration attorney to cover all of your options, as he/she will be far more qualified to answer specific questions. good luck!

[Nanusia & Lukaszek 0]

Martin,

I dont know California DMV rules, but I know that you can not get a license if you are out of status in any state. In Illinois, you can drive 3 months from the date of arrival on your foreign drivers license, after that if you are caught driving on it, you are arrested... and have the same story you described. Some states let you drive on an international drivers license, but not all states respect it.

Sorry to say, but your not getting a drivers license timely when you had the chance, when the I-94 was valid is your fault. Waiting this whole time to file AOS is not California DMV's problem. I think you got off easy the first time with the speeding ticket, and were warned by the officer that you shouldn't be driving.

1. If I was over the limit will this affect my changes of getting AOS, EAD, AP, etc? - Not sure, but at AOS interview, they do ask you if you were ever arrested, you'll have to bring in the paperwork to your interview.

2. Am i legally allowed to drive on my UK license when i am out of status considering the DMV would not issue a california one to me. NO

3. Can I get a california license with the paper work I have now ? (NOA for AOS, and notice of action for AP and EAD + interview date notice) NO

4. What will happen to me since i am out of status and dont have a california license? You can not drive

5. Will this stop me getting a California driving license? Having a DUI before having a license may create some problems.

6. Were they right to hold me for 28 hours since they had no proof i was over the limit because i opted for a blood test which takes 7 to 10 days? I believe they have the right to hold you based on their suspicion.

7. What other options do I have to be able to drive legally since apparently i am not allowed to drive on my UK license and California will not issue me a local one? Check if California respects the international drivers license. If they do, you can apply for it based on UK license and would be able to drive that way. But like I said earlier, not all states recognize the international drivers license.

8. Does anyone have any experiences related to the same issue? I would love to hear from you. I had a friend of a friend who got a ticket and had a expired I-94 although it was a tourist visa, the officer said the next time they would get pulled over, they would get arrested followed by deportation. How much of that is true or how the process goes, I'm not sure.

Edited December 13, 2007 by Nanusia & Lukaszek

[D3m 0]

some states have Accelerated Rehabilitative Disposition, first time offenders of DUI usually pay lots of extra costs, attend some classes, and the DUI will disappear-charges dropped upon completion. you definitely want this if you are over the limit. there are usually limits on the BAC for program admittance tho.

ps - stop driving.

pps - read this re: DUI deportation

http://www.latimes.com/news/nationworld/na...-home-headlines

[Krikit 1,164]

California DMV

[Empress of Groovy 373]

I can't answer all your questions, but you're not out of status; your case is pending.

I think that whether you'll be able to get a license when you get your EAD or green card will depend on the outcome of your blood test. I think that most people who are convicted of DUI lose their license for some period.

If you are convicted of DUI, the ramifications for your AOS can vary. Most likely you'd have to speak with a judge. Show remorse!

The license thing can be tricky. I'm not sure about CA (you'll want to look into this), but in Arizona, the spouse of a licensed driver and policy holder is insured regardless of whether he or she has a license. My husband was driving without a valid license for about three weeks when he was awaiting his renewal EAD, which was necessary to renew his drivers license. Although he was insured, he was technically driving without a license and indeed could have been cited or arrested for it if pulled over. We knew that, so he only drove to work and back (and very carefully!). He did have his UK license, but at least here, it's not valid because he is not considered a visitor.

Fingers crossed that your BAC is below the limit!

And start driving slower! :-)

[D3m 0]

CA Drivers license info:

13 CCR 15.00

(d) Non-immigrants shall submit one of the following United States Immigration and Naturalization Service (INS), Canadian documents or other document with an INS notation to prove their legal presence in the United States. Non-immigrants are persons who have lawful temporary status for a specific purpose. Documents must be legible and unaltered to establish proof of the person's legal presence in the United States.

(1) Canadian passport (expired or unexpired).

(2) A certified copy of a Canadian birth certificate.

(3) Non-Resident Alien Canadian Border Crossing Card (I-185, I-586).

(4) Mexican Border Crossing Card (I-186 with a valid I-94 or I-586 with a valid I-94).

(5) Record of Arrival and Departure (I-94 or I-94W) with a valid foreign passport.

(6) Record of Arrival and Departure (I-94) with one of the following types of unexpired foreign passports to Hong Kong residents:

(A) Certificate of Identity.

(B) Document of Identity.

© British National Overseas (BNO).

(D) Hong Kong Special Administrative Region (HKSAR).

(e) Other documents which may prove legal presence in the United States are:

(1) A certified order or judgement from a court of competent jurisdiction stating the true full name, date of birth and that the applicant was born in the U.S. or U.S. Territories or that the applicant's presence in this country is authorized by Federal law.

(2) Certification provided by the California Youth Authority (CYA) which verifies the legal presence of the applicant.

(3) Certification provided by the California Department of Corrections (CDC) which verifies the legal presence of the applicant.

(4) Employment Authorization Card (I-688A, I-688B, I-766).

(5) Record of Arrival and Departure stamped "Refugee, or Asylee, Parolee or Parole" (I-94) coded: Section 207 (Refugee), 208 (Asylum), 209 (Refugees), 212d(5) (Parolee), HP (Humanitarian Parolee) or PIP (Public Interest Parolee).

(6) An immigration Judge's Order Granting Ayslum.

(7) Refugee Travel Document (I-571).

(8) Notice of Action (I-797) Approved Petition).

[Martin + Amie 0]

Thank you all for your responses. Please keep them coming. I have found a wealth of information so far. According to California law it is not required that I even complete a field sobriety test which i didnt know at the time.

I looked at the link on the California DMV web site explaining what is required to get a CA license.

"Bring a proof of birthdate and legal residency. " - technically i am not a legal resident yet correct? I am in the process of becoming a permenant resident which would put me as out of status?

The article in the LA times is comforting. Everywhere i seem to read that DUI cases can be dismissed due to lack of probable suspision.

Take into consideration the following :

I was driving on a road where there was NOT ONE CAR IN SIGHT. I was the only car on the road.

I was driving the speed limit and was not over. The speed limit was 35 and i was doing 34 i believe.

The police car followed me for 2 minutes before pulling me over.

I will do some research on an international license in california. If anyone has information regarding driving in CA on an international license it would be greatly appreciated.

Is it even worth an attempt to go to the DMV with my notice of actions and interview dates and social security card along with birth certificate and explain my case?

Thanks for all your wonderful advice.

[Jengles 0]

Good afternoon folks,

I landed myself in a really disappointing and somewhat bad situation on Tuesday and i need any advice I can get. Let me give you a brief status overview.

I came into the US through san francisco on the 1st of Jan 2007 on a K1 Visa which was approved in December 2006.

I got married within the 90 days on March 17th 2007.

I filed for AOS middle of Nov 2007. (I know its late but we were on an extended travelling holiday.)

The situation :

A couple of weeks after i arrived in the states i applied for a SSN and successfully got one.

I then went to the DMV a month later and took a theory test (written exam) for a drivers license and failed it. I then went back a month later and they said that they could not issue me an exam because my I94 had expired. The I94 i was given upon arrival expired in April 2007. So I had a long debate with them explaining that I need to drive as everyone does in southern california. They told me they couldnt do anything until I get some more documentation, namely a green card or an accepted AOS notice.

This put me in a tricky situation as i need to drive. I was under the impression that I could drive on my UK license since California would not issue me one. I called a lawyer and they said the reason they didnt give me one is because i am considered "out of status" which is fine. I have since received my NOA notices for my AOS and have a biometrics interview pending for next week. (18th of Dec).

I have been driving on my UK license since January and have never been pulled over at all. 3 weeks ago driving to san francisco from LA a cop pulls me over and gives me a speeding ticket. He suggested that i am not allowed to drive on my UK license but i told him that California would not give me a state one. He let me go with just a speeding ticket.

On tuesday night i was in downtown LA with some visitors from England and had a beer. By the time I finished with the visitors i maybe had 3-4 beers total. Not UK pint size, substantially smaller amounts. I was driving down through laguna beach after dropping them at their motel on my way home and a cop pulls me over. To cut a long story short, they arrested me for suspected DUI (Driving under the influence) and not having a valid driving license. I explained my situation to them about the license and they didnt have a clue about anything but decided to charge me for an invalid license anyway. I was held for 28 hours in Laguna Beach police station. I have to say at this point that personally, having 4 beers over the space of 6 hours and having one on average every hour DID NOT make me feel drunk in the slightest. However, i know the limit is 0.08%. I decided to opt for a blood test rather than the breathalizer and i have to wait 7-10 days for the results to see if i was over or not.

To cut a long story short I ended up being released and was given a court date for 01/30/2008.

I have a few questions that I need answers too and i was wondering if anyone could help me with them :

1. If I was over the limit will this affect my changes of getting AOS, EAD, AP, etc?

2. Am i legally allowed to drive on my UK license when i am out of status considering the DMV would not issue a california one to me.

3. Can I get a california license with the paper work I have now ? (NOA for AOS, and notice of action for AP and EAD + interview date notice)

4. What will happen to me since i am out of status and dont have a california license?

5. Will this stop me getting a California driving license?

6. Were they right to hold me for 28 hours since they had no proof i was over the limit because i opted for a blood test which takes 7 to 10 days?

7. What other options do I have to be able to drive legally since apparently i am not allowed to drive on my UK license and California will not issue me a local one?

8. Does anyone have any experiences related to the same issue? I would love to hear from you.

Being the stupid British man I am, i felt 100%ok to drive my car back home and genuinely did not think i was over the limit. Like I said i had 4 beers over a period of 6 hours. In 10 days i guess i will find out when the blood test gets back.

Any help is greatly appreciated,

Best Regards

Martin

You have no other options if the DMV will not issue you a license - you'd need to check with the laws specific for your state, but here in Florida, they will take the NOA a lot of the time. But in New York, you NEED an EAD or a green card, an NOA is no good. So check with the laws, and that should tell you. Time to find some public transportation if they will not issue you a license - and I'm not saying that to be heartless, but "it's California/Florida/New York/insert state of your choice here and I have to drive" isn't really a valid argument. (A lessen my own husband earned the hard way, and I had to drive him everywhere for months...hi, not fun. So I get it, but still.)

My husband had a driving with an expired license charge, but no alcohol was involved, and that was dropped when he got his license. And now, he has a clean driving record since they finally changed his name to the correct one, giving him a new license number and everything.

Even if you are below .08%, in most states they can hit you with a lesser charge - usually driving while impaired or something along those lines, which has a lower legal limit and more minor consequences.

A DUI charge can affect you in the ways detailed on the following: http://www.californiadui.com/articles/immi...sues-of-dui.php

It can carry deportation or denied admission, but this may be able to be overcome with a waiver if your wife can prove significant hardship if forced to move to your country - more details on this would be found in the waiver forum. I am not sure how waivers work at the AOS stage, so I can't help there.

My best advice is to remain calm for now, investigate, and when you get your results back, take it from there. If it turns out that you are going to be hit with an alcohol related charged, please speak with a qualified family based immigration attorney to cover all of your options, as he/she will be far more qualified to answer specific questions. good luck!

Totally not true...the NY comment...my husband just took his written test with a letter from SS stating that his visa was ineligible for a social security card. All he needed was his six points of identification...

[Martin + Amie 0]

Good afternoon folks,

I landed myself in a really disappointing and somewhat bad situation on Tuesday and i need any advice I can get. Let me give you a brief status overview.

I came into the US through san francisco on the 1st of Jan 2007 on a K1 Visa which was approved in December 2006.

I got married within the 90 days on March 17th 2007.

I filed for AOS middle of Nov 2007. (I know its late but we were on an extended travelling holiday.)

The situation :

A couple of weeks after i arrived in the states i applied for a SSN and successfully got one.

I then went to the DMV a month later and took a theory test (written exam) for a drivers license and failed it. I then went back a month later and they said that they could not issue me an exam because my I94 had expired. The I94 i was given upon arrival expired in April 2007. So I had a long debate with them explaining that I need to drive as everyone does in southern california. They told me they couldnt do anything until I get some more documentation, namely a green card or an accepted AOS notice.

This put me in a tricky situation as i need to drive. I was under the impression that I could drive on my UK license since California would not issue me one. I called a lawyer and they said the reason they didnt give me one is because i am considered "out of status" which is fine. I have since received my NOA notices for my AOS and have a biometrics interview pending for next week. (18th of Dec).

I have been driving on my UK license since January and have never been pulled over at all. 3 weeks ago driving to san francisco from LA a cop pulls me over and gives me a speeding ticket. He suggested that i am not allowed to drive on my UK license but i told him that California would not give me a state one. He let me go with just a speeding ticket.

On tuesday night i was in downtown LA with some visitors from England and had a beer. By the time I finished with the visitors i maybe had 3-4 beers total. Not UK pint size, substantially smaller amounts. I was driving down through laguna beach after dropping them at their motel on my way home and a cop pulls me over. To cut a long story short, they arrested me for suspected DUI (Driving under the influence) and not having a valid driving license. I explained my situation to them about the license and they didnt have a clue about anything but decided to charge me for an invalid license anyway. I was held for 28 hours in Laguna Beach police station. I have to say at this point that personally, having 4 beers over the space of 6 hours and having one on average every hour DID NOT make me feel drunk in the slightest. However, i know the limit is 0.08%. I decided to opt for a blood test rather than the breathalizer and i have to wait 7-10 days for the results to see if i was over or not.

To cut a long story short I ended up being released and was given a court date for 01/30/2008.

I have a few questions that I need answers too and i was wondering if anyone could help me with them :

1. If I was over the limit will this affect my changes of getting AOS, EAD, AP, etc?

2. Am i legally allowed to drive on my UK license when i am out of status considering the DMV would not issue a california one to me.

3. Can I get a california license with the paper work I have now ? (NOA for AOS, and notice of action for AP and EAD + interview date notice)

4. What will happen to me since i am out of status and dont have a california license?

5. Will this stop me getting a California driving license?

6. Were they right to hold me for 28 hours since they had no proof i was over the limit because i opted for a blood test which takes 7 to 10 days?

7. What other options do I have to be able to drive legally since apparently i am not allowed to drive on my UK license and California will not issue me a local one?

8. Does anyone have any experiences related to the same issue? I would love to hear from you.

Being the stupid British man I am, i felt 100%ok to drive my car back home and genuinely did not think i was over the limit. Like I said i had 4 beers over a period of 6 hours. In 10 days i guess i will find out when the blood test gets back.

Any help is greatly appreciated,

Best Regards

Martin

You have no other options if the DMV will not issue you a license - you'd need to check with the laws specific for your state, but here in Florida, they will take the NOA a lot of the time. But in New York, you NEED an EAD or a green card, an NOA is no good. So check with the laws, and that should tell you. Time to find some public transportation if they will not issue you a license - and I'm not saying that to be heartless, but "it's California/Florida/New York/insert state of your choice here and I have to drive" isn't really a valid argument. (A lessen my own husband earned the hard way, and I had to drive him everywhere for months...hi, not fun. So I get it, but still.)

My husband had a driving with an expired license charge, but no alcohol was involved, and that was dropped when he got his license. And now, he has a clean driving record since they finally changed his name to the correct one, giving him a new license number and everything.

Even if you are below .08%, in most states they can hit you with a lesser charge - usually driving while impaired or something along those lines, which has a lower legal limit and more minor consequences.

A DUI charge can affect you in the ways detailed on the following: http://www.californiadui.com/articles/immi...sues-of-dui.php

It can carry deportation or denied admission, but this may be able to be overcome with a waiver if your wife can prove significant hardship if forced to move to your country - more details on this would be found in the waiver forum. I am not sure how waivers work at the AOS stage, so I can't help there.

My best advice is to remain calm for now, investigate, and when you get your results back, take it from there. If it turns out that you are going to be hit with an alcohol related charged, please speak with a qualified family based immigration attorney to cover all of your options, as he/she will be far more qualified to answer specific questions. good luck!

Totally not true...the NY comment...my husband just took his written test with a letter from SS stating that his visa was ineligible for a social security card. All he needed was his six points of identification...

Would you mind explaining what 6 points of documentation he needed to get one?

I have an SSN already, it seems as if the DMV computers just pop up an 194 input screen and didnt consider anything else i was saying.

[Caladan 19]

Plead to NOTHING until you have consulted with a qualified immigration attorney. The statute, not the sentence, determines eligibility. I have no idea how DUIs are usually handled, but the time to figure out the immigration consequences is sooner rather than later.

[Sylvia_n_Joseph 3]

Yes in California you can refuse to be tested. The result is a one year suspension for first timers. If you take the test and fail the first time hit is usually a 4 month suspension. Either way you have to take their approved course to get your license back. And I hope you like paying lots for insurance because they will raise your rates a lot.

[sereia 0]

i feel for you! i'm from laguna so i know how the policemen here in this area can be! they're so bored they pull people over constantly. they've got tons of hiding places so i'd be careful if you choose to drive again. i feel you on the aspect that you cannot live here without driving!!!! buses are a joke and who wants to rely on their SO all the time? my poor husband relies on me and its not fun for him in the slightest! we haven't even attempted to get him a license here yet so i'm not sure about all the info. i wish i could help! but my advice is call a lawyer and NOT DRIVE. if you get caught again it would not be pretty... but call a lawyer!

[D3m 0]

Take into consideration the following :

I was driving on a road where there was NOT ONE CAR IN SIGHT. I was the only car on the road.

I was driving the speed limit and was not over. The speed limit was 35 and i was doing 34 i believe.

The police car followed me for 2 minutes before pulling me over.

this is all irrelevant for DUI. only thing that matters is what the BAC is. otherwise you are challenging the sufficiency of the stop. (good luck )

if your car bounced between yellow and fog line, they'll pull you over, see red eyes and smell booze, do field tests, take you in for test, and then charge you.

you will want to get a copy of the police report, even if you have already received a probable cause statement.

Edited December 13, 2007 by D3m

[athena_ny 1]

Good afternoon folks,

I landed myself in a really disappointing and somewhat bad situation on Tuesday and i need any advice I can get. Let me give you a brief status overview.

I came into the US through san francisco on the 1st of Jan 2007 on a K1 Visa which was approved in December 2006.

I got married within the 90 days on March 17th 2007.

I filed for AOS middle of Nov 2007. (I know its late but we were on an extended travelling holiday.)

The situation :

A couple of weeks after i arrived in the states i applied for a SSN and successfully got one.

I then went to the DMV a month later and took a theory test (written exam) for a drivers license and failed it. I then went back a month later and they said that they could not issue me an exam because my I94 had expired. The I94 i was given upon arrival expired in April 2007. So I had a long debate with them explaining that I need to drive as everyone does in southern california. They told me they couldnt do anything until I get some more documentation, namely a green card or an accepted AOS notice.

This put me in a tricky situation as i need to drive. I was under the impression that I could drive on my UK license since California would not issue me one. I called a lawyer and they said the reason they didnt give me one is because i am considered "out of status" which is fine. I have since received my NOA notices for my AOS and have a biometrics interview pending for next week. (18th of Dec).

I have been driving on my UK license since January and have never been pulled over at all. 3 weeks ago driving to san francisco from LA a cop pulls me over and gives me a speeding ticket. He suggested that i am not allowed to drive on my UK license but i told him that California would not give me a state one. He let me go with just a speeding ticket.

On tuesday night i was in downtown LA with some visitors from England and had a beer. By the time I finished with the visitors i maybe had 3-4 beers total. Not UK pint size, substantially smaller amounts. I was driving down through laguna beach after dropping them at their motel on my way home and a cop pulls me over. To cut a long story short, they arrested me for suspected DUI (Driving under the influence) and not having a valid driving license. I explained my situation to them about the license and they didnt have a clue about anything but decided to charge me for an invalid license anyway. I was held for 28 hours in Laguna Beach police station. I have to say at this point that personally, having 4 beers over the space of 6 hours and having one on average every hour DID NOT make me feel drunk in the slightest. However, i know the limit is 0.08%. I decided to opt for a blood test rather than the breathalizer and i have to wait 7-10 days for the results to see if i was over or not.

To cut a long story short I ended up being released and was given a court date for 01/30/2008.

I have a few questions that I need answers too and i was wondering if anyone could help me with them :

1. If I was over the limit will this affect my changes of getting AOS, EAD, AP, etc?

2. Am i legally allowed to drive on my UK license when i am out of status considering the DMV would not issue a california one to me.

3. Can I get a california license with the paper work I have now ? (NOA for AOS, and notice of action for AP and EAD + interview date notice)

4. What will happen to me since i am out of status and dont have a california license?

5. Will this stop me getting a California driving license?

6. Were they right to hold me for 28 hours since they had no proof i was over the limit because i opted for a blood test which takes 7 to 10 days?

7. What other options do I have to be able to drive legally since apparently i am not allowed to drive on my UK license and California will not issue me a local one?

8. Does anyone have any experiences related to the same issue? I would love to hear from you.

Being the stupid British man I am, i felt 100%ok to drive my car back home and genuinely did not think i was over the limit. Like I said i had 4 beers over a period of 6 hours. In 10 days i guess i will find out when the blood test gets back.

Any help is greatly appreciated,

Best Regards

Martin

You have no other options if the DMV will not issue you a license - you'd need to check with the laws specific for your state, but here in Florida, they will take the NOA a lot of the time. But in New York, you NEED an EAD or a green card, an NOA is no good. So check with the laws, and that should tell you. Time to find some public transportation if they will not issue you a license - and I'm not saying that to be heartless, but "it's California/Florida/New York/insert state of your choice here and I have to drive" isn't really a valid argument. (A lessen my own husband earned the hard way, and I had to drive him everywhere for months...hi, not fun. So I get it, but still.)

My husband had a driving with an expired license charge, but no alcohol was involved, and that was dropped when he got his license. And now, he has a clean driving record since they finally changed his name to the correct one, giving him a new license number and everything.

Even if you are below .08%, in most states they can hit you with a lesser charge - usually driving while impaired or something along those lines, which has a lower legal limit and more minor consequences.

A DUI charge can affect you in the ways detailed on the following: http://www.californiadui.com/articles/immi...sues-of-dui.php

It can carry deportation or denied admission, but this may be able to be overcome with a waiver if your wife can prove significant hardship if forced to move to your country - more details on this would be found in the waiver forum. I am not sure how waivers work at the AOS stage, so I can't help there.

My best advice is to remain calm for now, investigate, and when you get your results back, take it from there. If it turns out that you are going to be hit with an alcohol related charged, please speak with a qualified family based immigration attorney to cover all of your options, as he/she will be far more qualified to answer specific questions. good luck!

Totally not true...the NY comment...my husband just took his written test with a letter from SS stating that his visa was ineligible for a social security card. All he needed was his six points of identification...

In NYS, without a valid I-94, you have no way to get six points of ID without having an EAD or a green card. Many DMVs will deny you if your I-94 expires within 6 months, and if you look here: http://www.nysdmv.com/idlicense.htm#idpoints , an NOA is not valid for identification. I said nothing about a Social Security number, so I'm not sure why you're calling me on misinformation when I didn't give any. (Seems my comment was true. Hm!)

New York is still one of the hardest states to get a license in as an immigrant, and it was big news that Spitzer's plan to give illegal immigrants/overstays driver's licenses was abandoned.

However, all of this information is unimportant, since the OP lives in CALIFORNIA. I was just outlining how different states have different requirements.

Edited December 13, 2007 by meow mix