Just got DUI and Reckless driving before my citizenship interview

[moe1985 8]

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.

[melanieuk 19]

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.

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...

[moe1985 8]

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...

Thanks for your reply. The 2 police officer were rude to me and were not concerned if I was okay after hydroplane into the ditch, since they were asssholllees, I told them that I am going to remain silent and will not answer your questions nor take any test you provide under my 5th amendment constitutional right! However, The truck was impounded and I got it released the next day ( Had to pay 300$). I also hired a lawyer today and paid him the fees and he will be present with me in court next week. The lawyer told me that I had a good case and we will see what happens. I am just terrified about my citizenship interview and I am thinking that I need to hire an immigration attorney to go with me to the interview, but I just need to see what happens in court first before hiring an immigration attorney.

Edited December 31, 2014 by moe1985

[Tom_Jim 40]

Just from experience, I will say the following:

You need to get an EXCELLENT lawyer. Make sure he's competent and as a proven track record. I cannot tell you about stories of defendants of DUI hiring lawyers who aren't worth their mettle only to get shafted in the end with jail. If anything can be learned from this to pass on, never answer questions from cops, ever. Since you haven't been convicted and the circumstances surrounding your detention is somewhat unclear, this is welcome news for you. I would not skimp on lawyers in your case. Find an excellent lawyer to represent you in the trial phase, and if need be, an immigration lawyer later on.

Best of luck, but I am hopeful you will be OK.

Also, not sure what state you're in, but in California, refusing breath test for alcohol isn't good. I think it may infer some guilt (I'm not entirely sure here). Some states are like that as well. The lawyer will cover that.

[VOL 425]

Most lawyers can stall a case for years, and this is the strategy some take.

They hope the cop quits or move to another city to work and then the case will be dismissed.

I have no knowledge on how DUI effects your case, but I do know it is best to hire a lawyer who has a track record working with DWI cases, Just because someone is a lawyer doesn't mean they are good at certain cases.

[Villanelle 4,122]

Wow. You refused to take the breath test??

How old are you? How long have you been driving? Just about every single state has it printed in the drivers manual something along the lines of 'implied consent' meaning you agree to take a test just by driving. A refusal to take tests means WORSE penalties because its presumed you KNOW you are SO SO SO drunk you dont wont a record of exactly how drunk you are.

This may negatively impact you N400.

This is under the category of moral character. Combining it with the reckless driving, the refusal to take the test, all the property damage- its not looking good.

Heres the thing- you have to get your priorities straight. So first and foremost you need to focus on the court case against you. You could be facing jail time.

As for the citizenship. Youve been waiting a long time for your interview. Uscis technically only counts 'convictions', not pending charges(because they dont know what the outcome will be- it can all be dismissed- innocent until proven guilty). You do need to disclose to them about the pending charges- if you dont it only adds to your poor moral character. They may not care because its pending and push ahead with the citizenship. Your lawyer will probably try to delay your traffic offense for a looong time. If he does and uscis wants to wait to see the outcome then your citizenship will also be pushed back until its resolved. So its hard to say

Its about the timing. Its going to be up to:

1-USCIS deciding whether to process you or wait to see what conviction if any you get.

2-Getting court resolved before USCIS gets to you. So youd basically have a conviction in hand and adjust your application proof accordingly.

In that scenario-once resolved youll have to demonstrate good moral character on the n400 and overcome the conviction. Its a hard thing to do. Some people actually wait several years after the conviction to rebuild a clean slate to demonstrate character.

[JimmyHou 611]

Since you've been charged with the DUI, you will have to disclose this at your interview or at your oath ceremony. It is quite common the USCIS refuses to naturalize people with DUI incidents, unless they can show one of the following:

1- A court disposition showing that the charges were dismissed.

2- Proof that the incident occurred outside the statutory period leading up to your naturalization.

In other words if the court dismisses the charges, you shouldn't have a problem. If the court does not dismiss the charges, then this will be considered a moral character issue; and you will likely (although not definitely) have to wait five years before you can reapply for naturalization (or three years if you're applying based on marriage).

The important thing now is to make sure that you have an outcome from the court before your naturalization interview or your oath.

I'm not a lawyer And sometimes the law is not logical But it seems to me that if you have a good lawyer you should be able to have this dismissed.

[Transborderwife 4,666]

Refusing a breathalyzer was a huge mistake. As already pointed out due to implied consent your fifth amendment rights do not apply here. Your penalty could range from a fine, to a suspended licence (up to 12 months) to jail time.

[NigeriaorBust 4,087]

http://www.legislature.state.al.us/codeofalabama/1975/32-5-192.htm It looks like you will have your license suspended as a minimum.

[JimmyHou 611]

I don't know about other states. But in Texas the implied consent law requires the officer to hand you a written statement indicating that if you refused to take a breath test you will be arrested, you're required to sign the statement. Regardless of what the law is though the people who posted above are absolutely correct that you need to focus on the court case right now Get a good lawyer And worry about naturalization later. You will still have your green card and in all probability the worst that will happen is that your naturalization will be delayed a few years. I hope that's not the case, But it's better to know what might happen.

Edited December 31, 2014 by JimmyHou

[mstee81 28]

Most times a refusal will be taken as an admission of guilt.

[DC85 113]

He is worried about his citizenship. Refusing a breath test in Alabama may lead to 90 days driving licence suspension. But this is administrative penalty which has no impact on your citizenship. You were not refusing during dui check point, you refused when they were no probable cause for the request, as I told you may have a civil right violation claim.

I saw on YouTube for one activist who intentionally went to a dui check point , he refused to do any test and I think he refused the arrest. The county judge found him guilty, however he filed a civil right violation in the federal court , the federal court ackwnloedged that there was indeed a violation to the civil right and they reversed the ruling. They guy then got reimbursed all the fines that he paid.

[DC85 113]

Also, I think it's a good thing you informed the officer that you are refusing the test because of your civil rights, enforcing the Fifth. If I am the judge, the first thing I will look at in this case if their was a probable cause for the police officer to ask you to do a breath test. I don't think the car situation is a probable cause for a breath test, espically in a rainy day.

[tehans 52]

Wouldn't it have been much easier to blow into the breathalyzer? You should have unless of course you were actually drinking. I can't understand why you would refuse unless you had been drinking. Well you have gotten yourself into a big mess. Hope it was worth it.

[kzielu 1,149]

Also, I think it's a good thing you informed the officer that you are refusing the test because of your civil rights, enforcing the Fifth. If I am the judge, the first thing I will look at in this case if their was a probable cause for the police officer to ask you to do a breath test. I don't think the car situation is a probable cause for a breath test, espically in a rainy day.

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.