Just got DUI and Reckless driving before my citizenship interview

[JohnR! 5,495]

Keep your citizenship appointment and disclose this incident to the interviewing officer. S/he will let you know if/how much this impacts your process. Your lawyer, and your lawyer alone, will be able to offer any relevant advice on the DUI issue.

Good luck.

I sent my application N400 in April, 12, 2014 and I completed my biometrics in May, 13, 2014, USCIS put me in line for an interview since May 15, 2014. However, yesterday morning on the way to work, it was raining heavily and my truck slid into a creek off the road where the water was high to the windows. I sat inside the truck for safety as I was trying to get a wrecker to get me out. Suddenly, a police officer spotted me stuck in the creek ( 30 mins after the incident) and he stopped to check it out. Then, another cop and an ambulance showed up. I couldn't wait staying in the car as the truck was getting flooded more, I decided to open the window, managed to get on top of the truck and jumped off to safety. Shockingly, when I was standing on the bank of the creek, the two police officers approached me and started to ask me what happened, so i told them the truck slid and I totally lost control of it and I ended up in this creek. They asked me if I had anything to drink, and I said no. One of the officers started to point his index finger toward my eyes and asked me to follow his finger with my eyes, so I did. Then, he grabbed a breath analyzer tool for me to blow, and I refused because I felt they were harassing me and not even concerned if I was okay from the incident. then, they placed handcuffs on me and took me to jail for 24 hrs suspecting that I was drunk and that I refused to take the alcohol test. They charged me with DUI and reckless driving , even though I wasn't pulled over driving, I was stuck in a ditch. Anyhow, I bonded out of the county jail and I have a court date set for January, 8, 2015. I am hiring an attorney for this case but I am deeply concerned about my citizenship status. What shall I do? what is the impact on my citizenship application? I have never been in jail my whole life and I have never been in trouble before ( Clean record) up till last night ......

Note: I am an engineering student, I work full time and this could ruin everything for me );

Thank you and your help is greatly appreciated.

Edited January 2, 2015 by JohnR!

[moe1985 8]

Tom,

Thank you for your advice and encourganing words, I hired one of the top DUI defense attorney in the state of Alabama and this attorney does not play around! He is already taking actions and explained the whole process for me as well as gave me the piece of mind.

Thank you again, Tom and I hope you have a happy new years!

moe1985, to be honest, I wouldn't even talk about this incident at all with anyone (including random forums like Visajourney) while your case is pending. Statements like, "I wasn't drunk at all" or "I had 0 alcohol." Nothing will be solved here and it may jeopordize you if by some god-awful chance they subpoena any written statements dealing with this accident. They can certainly use your assertments from this forum.

In any event, remember, that even if LEOs don't read you miranda rights, your 4th and 5th amendment rights are never suspended. Never... ever... (did I say never ever?) ever, talk to the police. Give them ID when required, and explain the accident how it happened and that's it. Anyway, best of luck.

[Cathi 5,748]

Refusing the breathalyzer is an automatic admission of guilt. Unless they administered a blood test there is no way to prove your innocence. If you weren;t drinking it would have the right thing to do to take the breath test, if you were indeed not drinking you let your pride get in the way and it will cost you your citizenship/

[TBoneTX 45,288]

I hired one of the top DUI defense attorney in the state of Alabama and this attorney does not play around! He is already taking actions and explained the whole process for me as well as gave me the piece of mind.

This is great news. Do exactly what he says. At the appropriate time, please let us know what has resulted (avoid posting anything more here that might compromise your case).

[JimmyHou 611]

Refusing the breathalyzer is an automatic admission of guilt. Unless they administered a blood test there is no way to prove your innocence. If you weren;t drinking it would have the right thing to do to take the breath test, if you were indeed not drinking you let your pride get in the way and it will cost you your citizenship/

1- According to Alabama law, refusing a breathalyzer is not an admission of driving under the influence. Refusal results in a 90 day license suspension, whereas a DUI conviction is more serious. The prosecutor can still push for a DUI conviction, but it is not automatic and must be proven in court.

2- Refusing a breathalyzer is not a permanent bar to naturalization, and if no DUI conviction results, may not even be a temporary bar. Even a DUI conviction is not a permanent bar to naturalization (people with DUIs on their record can apply once the statutory period is up). A DUI conviction complicates the case and will likely cause delays (3 or 5 years depending on the application), but it will certainly not cost the OP his citizenship.

[ExPatty 502]

1- According to Alabama law, refusing a breathalyzer is not an admission of driving under the influence. Refusal results in a 90 day license suspension, whereas a DUI conviction is more serious. The prosecutor can still push for a DUI conviction, but it is not automatic and must be proven in court.

2- Refusing a breathalyzer is not a permanent bar to naturalization, and if no DUI conviction results, may not even be a temporary bar. Even a DUI conviction is not a permanent bar to naturalization (people with DUIs on their record can apply once the statutory period is up). A DUI conviction complicates the case and will likely cause delays (3 or 5 years depending on the application), but it will certainly not cost the OP his citizenship.

Interesting thread and a refresher on the law for some (like me). It seems to me that if you've not been drinking you should always agree to the breathalyzer. If you are drunk, and you refuse, you're in trouble, but it could possibly be less than if they find conclusively you were drunk. However, if you were drunk and caused a crash or hurt people, you're going to get a forced blood test whether you like it or not, so you might as well still agree to the breathalyzer. I gleaned some of this from another website that details DUI laws in various states. If you're a teetotaler just always agree to the test

[JimmyHou 611]

Interesting thread and a refresher on the law for some (like me). It seems to me that if you've not been drinking you should always agree to the breathalyzer. If you are drunk, and you refuse, you're in trouble, but it could possibly be less than if they find conclusively you were drunk. However, if you were drunk and caused a crash or hurt people, you're going to get a forced blood test whether you like it or not, so you might as well still agree to the breathalyzer. I gleaned some of this from another website that details DUI laws in various states. If you're a teetotaler just always agree to the test

I think there are significant differences from state to state, but I like the way you summed it up... pretty much nailed it.

[moe1985 8]

Good Info, Jimmy!!!!!! Positive thought keeps me rolling.

1- According to Alabama law, refusing a breathalyzer is not an admission of driving under the influence. Refusal results in a 90 day license suspension, whereas a DUI conviction is more serious. The prosecutor can still push for a DUI conviction, but it is not automatic and must be proven in court.

2- Refusing a breathalyzer is not a permanent bar to naturalization, and if no DUI conviction results, may not even be a temporary bar. Even a DUI conviction is not a permanent bar to naturalization (people with DUIs on their record can apply once the statutory period is up). A DUI conviction complicates the case and will likely cause delays (3 or 5 years depending on the application), but it will certainly not cost the OP his citizenship.

[Tom_Jim 40]

Refusing the breathalyzer is an automatic admission of guilt. Unless they administered a blood test there is no way to prove your innocence. If you weren;t drinking it would have the right thing to do to take the breath test, if you were indeed not drinking you let your pride get in the way and it will cost you your citizenship/

It's very clear you're not a lawyer peddling this kind of unnecessary and unlettered misinformation. Best to leave the scare tactics in another forum.

The OP is doing the right thing by going to a lawyer.

[DC85 113]

It's very clear you're not a lawyer peddling this kind of unnecessary and unlettered misinformation. Best to leave the scare tactics in another forum.

The OP is doing the right thing by going to a lawyer.

Totally agree

[moe1985 8]

Case Update :

I went to my interview and passed my English and civic test, however, when the officer asked me if I was ever arrested, I had to disclose it and tell her about it. She told me that she couldn't approve me at this moment since I have a court date in March, 5. So, She gave me a form and it stated that I have to respond with certified court document by March 25 that shows the case was resolved. n February 17, 2015, we suspended processing of your case, Receipt Number ***********, because we need more information from you. Your notice explains what we need from you to resume work on your case. We will not take action on your case until we receive the evidence or the deadline to submit it expires. Please follow the instructions in the notice.

On a separate note, the department of public safety had suspended my driver license and my DUI attorney got it back a week later by having an order singed by the judge.(;

[moe1985 8]

The department of Public Safety had affirmed the 90 days suspension on my driver license, My attorney filed a civil suit against the department and he successfully removed the suspension and returned my driver license back a week later !

1- According to Alabama law, refusing a breathalyzer is not an admission of driving under the influence. Refusal results in a 90 day license suspension, whereas a DUI conviction is more serious. The prosecutor can still push for a DUI conviction, but it is not automatic and must be proven in court.

2- Refusing a breathalyzer is not a permanent bar to naturalization, and if no DUI conviction results, may not even be a temporary bar. Even a DUI conviction is not a permanent bar to naturalization (people with DUIs on their record can apply once the statutory period is up). A DUI conviction complicates the case and will likely cause delays (3 or 5 years depending on the application), but it will certainly not cost the OP his citizenship.

[DC85 113]

The department of Public Safety had affirmed the 90 days suspension on my driver license, My attorney filed a civil suit against the department and he successfully removed the suspension and returned my driver license back a week later !

This is a good news. Just a proof what good lawyers can do.

I pray that you get your cases dismissed before the judge. Please, report back with the outcome

Edited February 20, 2015 by DC85

[TBoneTX 45,288]

A post more suitable for another forum has been removed, along with one quoting. Please adhere to this thread's topic.

TBoneTX

VJ Moderation

[moe1985 8]

DC85,

You are awesome , thank you for your support, I sure need it.....I will def keep you updated.

This is a good news. Just a proof what good lawyers can do.

I pray that you get your cases dismissed before the judge. Please, report back with the outcome