Just got DUI and Reckless driving before my citizenship interview

[Villanelle 4,122]

Geez. The issue isnt up for debate. We are not the jury here deciding probably cause. The cops stopped him and used THEIR JUDGEMENT. They used several investigative methods. Observation of the scene, a finger waved in front of his pupils, his appearance/speech/behavior etc, and made a decision. PERIOD>

There is no violation of rights regardless of you tube vidoes. Alabama has “implied consent” laws. It means by driving on the roads you consent to taking the tests if an officer who has reasonable grounds to believe you are under the influence. The video mentioned is someone fighting probable cause. - most likely not this situation- and again not this forums place to debate is it probable cause or not>

And its a BIG YES YES YES this does impact citizenship. DUI is moral character. Arrest is moral character. This is not something considered 'administrative penalty'.

[templeton 120]

Not going to judge your actions. At one time or another we've all said or done things that are counter-productive. As others have said, it would have been better to take the test, but that time has passed. Your refusal to do so is basically treated the same as a DUI in the eyes of the law in most states.

Will it affect your citizenship? Hard to say. I suspect that you will have to disclose that you have charges pending.

If everything went down as you say, a competent lawyer shouldn't have a problem turning the tables.

[leilabird 18]

The question is, were you intoxicated? If not, why didn't you just take a breathalizer? The accident was the absolute probable cause for the police to check whether or not you were intoxicated. If you refused then, it will negatively effect your case. I definitely think that your case will not be dismissed.

I got hit by a police patrol car last year. Another cops came to the accident scene, that cop who hit me took the breathalizer test, the other cops gave him the test on the scene. I was sent to a hospital.

Edited December 31, 2014 by leilabird

[Teddy B 17,252]

Yes, and theres obvious cause - dude ended up in a ditch. In addition instead of getting out of a truck, he was sitting in while it was getting water. Can't see how anybody would not think he's drunk or stoned seeing this.

Also, he has to disclose it regardless of how the whole case ends.

Actually that bears well for him being disoriented after the crash.

Refusing the breathalyzer test is in no way an admission of guilt, it actually makes the the prosecution's case harder to prove in court. Also the op made no mention of a field sobriety test other than following the cops index finger, that simply isn't enough to convict. If there is any chance that a driver might blow a positive on a breathalyzer test it should always be refused. If what the op says is the truth, he probably has a good chance of beating the DUI charge with a good lawyer.

Is It A Good Idea To Refuse The Breathalyzer After Being Stopped For DUI?

There's a rather common myth that refusing a blood or breath test after being stopped for DWI is the same as pleading guilty. At Manuel Gonzales, P.C., we think that refusing to submit to the blood test or the Intoxilyzer 5000 might actually be the most wise decision. According to Texas state law, a refusal may lead to the automatic suspension of your driver's license, but can't be used as incriminating evidence against you at a criminal trial. The fact is, the prosecutor won't have any results to use against you if you refuse a breath test.

Before administering a blood test or breathalyzer, law enforcement is required to clearly explain your rights and any consequences if you refuse. No matter what decision you make, it is still a wise idea to engage a veteran DWI lawyer to protect your rights. Upon invoking your right to legal counsel, law enforcement is required to cease certain processes until after your lawyer is present.

Refusing To Submit To A Breath Test Actually Means There Will Be Less Damaging Evidence Against You

By refusing to provide the prosecutor with firm test results, the criminal case will need to depend on the police's probable cause for stopping you and your personal actions while at the scene. These are both subjective observations which may be challenged effectively. All that's needed for an effective DWI defense is presenting reasonable doubt. Your lawyer will have the opportunity to question the police's ability to judge your personal driving habits. We can also bring out the good stuff you did while at the scene which are inconsistent with one being intoxicated.

Your Best Option May Be Breath Test Refusal

If you chose to refuse the blood or breath test after a DWI arrest, we can assist you. We know that these are hard times for you, and we are ready to provide the effective and aggressive representation you can count on to defend your charges.

http://dui.attorneymanuelgonzales.com/_refusing-breathalyzer.php

Edited December 31, 2014 by Teddy B

[leilabird 18]

You never mentioned you were not drunk. You will not get away with it to be honest with you. It's not okay to drive drunk and kill innocent people. Hope you will learn the lesson. If you want to live in this country, you must follow the rules!

Edited December 31, 2014 by leilabird

[Hotter Otter 1,211]

I think you still need to go to court, don't you? As of now, I don't think it's on your record. And even after that, it won't be since the police have very little evidence to support a DUI when you weren't drunk lol - what happened to the truck?

It is very sad to read so many stories of police brutality...

How is this police brutality? The OP crashed then sat in his vehicle while it filled with water. Hardly blame the cops for suspecting it may have been alcohol related.

[DC85 113]

Geez. The issue isnt up for debate. We are not the jury here deciding probably cause. The cops stopped him and used THEIR JUDGEMENT. They used several investigative methods. Observation of the scene, a finger waved in front of his pupils, his appearance/speech/behavior etc, and made a decision. PERIOD>

There is no violation of rights regardless of you tube vidoes. Alabama has “implied consent” laws. It means by driving on the roads you consent to taking the tests if an officer who has reasonable grounds to believe you are under the influence. The video mentioned is someone fighting probable cause. - most likely not this situation- and again not this forums place to debate is it probable cause or not>

And its a BIG YES YES YES this does impact citizenship. DUI is moral character "Agree". Arrest is moral character" No it's not". This is not something considered 'administrative penalty'.

everything depndes on the trial outcome. I am not going to have an arguemtn with you. I give my opinion. When somebody asks a question I try to share my knoweldge so they know what's the best thing they can do. What happened happened , blaming, and giving som inaccurate information is not helpful at all.

[sevenrider860 9]

Alabama has an implied consent law. Refusal is a 90 day suspension. The suspension has no bearing on citizenship, but a suspension is usually tied with an arrest and charges being filed. The charge and arrest for DUI may impact the application. If found innocent of the DUI charge the suspension can be reduced and there should be no negative bearing on obtaining citizenship...although the arrest and dismissal should be reported.

Attorney's often say to refuse the test and that may be good advice if you have the money to hire an attorney and have been drinking. I personally think that refusing to take the test is a good way to waste money if you have not been drinking.

Given that the refusal already occurred and charges have been filed, I suggest an attorney is highly recommended.

[Villanelle 4,122]

everything depndes on the trial outcome. I am not going to have an arguemtn with you. I give my opinion. When somebody asks a question I try to share my knoweldge so they know what's the best thing they can do. What happened happened , blaming, and giving som inaccurate information is not helpful at all.

Well thats good as I dont wish to argue with you either.

DUI is moral character "Agree". Arrest is moral character" No it's not". This is not something considered 'administrative penalty'.

Maybe I should have chose my words more carefully. His combined arrest for a DUI and reckless driving (a criminal charge as well) can impact his moral character depending on the outcome. The entirety of my post explained that. The outcome is what matters. I never post anything with out checking to make sure what Im telling someone is accurate. You told him it had no impact on his citizenship. That was totally wrong. It can impact it. Depending on the outcome. GMC is a part of getting approved. I dont believe I blamed him for anything- if I came off harshly and offended then I am sorry.

"In Alabama, reckless driving is a serious criminal offense.

Alabama’s reckless driving laws may seem a little vague and they deal considerably more with an officer's opinion and frame of mind than with the driver's behavior.

The offense of reckless driving is set out in Sec. 32-5A-190, Ala. Code 975, as follows:

Any person who drives a vehicle carelessly and heedlessly in willful or wanton disregard for the rights or safety of persons or property, or without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property, shall be guilty of reckless driving.

Any moving violation in Alabama may lead to charges of reckless driving if the arresting officer believes you acted irresponsibly or are in violation of the above statute. If the police officer has observed a behavior which, in his professional judgment, suggests you paid no attention to the safety of people and property around you, he will cite you for reckless driving."

While I stand by my post before that its not up to us to debate whether there was probable cause or not and he really hasnt given us much to go by- I do agree with most of the posts here.

If one hasnt been drinking there was no reason to not take the test.

If one was and you know you are going down then if its in your personality- you can refuse and try to fight they had no reason to suspect you and get away with it with the help of attnys.

[Fan_Dancer 171]

I refused to take the breathalyzer test because the policemen were rude. Good luck with that one in court.

In my home country, they give you a blood test for alcoholism if you have been involved in a car crash, after the breathalyzer test.

[khenzee 5]

The cops did not pick on you. When you refused the test, their hands were tied and they had to assume you were intoxicated. Just their job.

You should probably consult with an immigration attorney.

[Enigma11561 336]

As a police officer, refusing to take the test was a HUGE mistake. If you were not drinking then you had nothing to worry about and it would have ended there. The officer DID have a probably cause since you ran off the road. The reason being if you were driving at a safer speed you might not have run off the road to begin with. And something about following their finger aroused their suspicion. Regardless of the reason you did not take the test, ( 5th amendment), not taking it just made it worse. They were just doing their job. And the reckless driving charge, in my opinion, has no validity as there is no evidence to support it..

Having said that, they have no solid proof of drunk driving and you do have a valid defense.Just tell the truth and no more standing on ceremony in front of the judge. Be contrite. Additionally, just because you were charged means nothing. Being found guilty MAY be a problem for citizenship.

A decent lawyer should be able to get all charges dropped. And, based on your story, you sound like someone who should say very little, if possible, and let the lawyer do most of the talking.

[melanieuk 19]

How is this police brutality? The OP crashed then sat in his vehicle while it filled with water. Hardly blame the cops for suspecting it may have been alcohol related.

The police's behavior was clearly inadequate according to the OP's side of the story.

[Ban Hammer 13,333]

You never mentioned you were not drunk. You will not get away with it to be honest with you. It's not okay to drive drunk and kill innocent people. Hope you will learn the lesson. If you want to live in this country, you must follow the rules!

yes, he did. reread the first post. and cease with the judgmental statements

They asked me if I had anything to drink, and I said no.

additionally, one post removed for a personal attack upon the op. admin action has been taken.

Edited January 1, 2015 by charles!

[JimmyHou 611]

As a police officer, refusing to take the test was a HUGE mistake. If you were not drinking then you had nothing to worry about and it would have ended there. The officer DID have a probably cause since you ran off the road. The reason being if you were driving at a safer speed you might not have run off the road to begin with. And something about following their finger aroused their suspicion. Regardless of the reason you did not take the test, ( 5th amendment), not taking it just made it worse. They were just doing their job. And the reckless driving charge, in my opinion, has no validity as there is no evidence to support it..

Having said that, they have no solid proof of drunk driving and you do have a valid defense.Just tell the truth and no more standing on ceremony in front of the judge. Be contrite. Additionally, just because you were charged means nothing. Being found guilty MAY be a problem for citizenship.

A decent lawyer should be able to get all charges dropped. And, based on your story, you sound like someone who should say very little, if possible, and let the lawyer do most of the talking.

Excellent advice.

My one comment would be that being found guilty of the DUI will very likely delay naturalization (but it will still be possible to naturalize after the statutory period is up).

So concentrate on getting that charge dismissed.

Edited January 1, 2015 by JimmyHou