Just got DUI and Reckless driving before my citizenship interview

[Tom_Jim 40]

I know someone who was busted with drugs possession and intent to sell. He had a fantastic lawyer that wiggled him to a much lighter sentence and despite the felony charge (he was eventually convicted however of a class-A misdemeanor stemming from the event), he naturalized successfully.

Just ensure you get a bloody good lawyer, as I stated earlier.

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.

For what it's worth, there are documented cases of individuals who blow a ZERO on alcho-breathalyzer tests and are arrested. The state of Alabama's "Applied Consent" laws unfortunately work against the original poster. The refusal will most likely be used against him if they do charge with DUI and with the inference that he most likely was under the influence. Under all circumstances where chemical or breath tests are to be administered, I always advise clients to opt for the blood or urine test instead of a breathalyzer.

[moe1985 8]

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.

Thank you so much for your advice as I am hiring one of the best DUI attorney in Alabama. I have a case to beat and I am positive. I also talked with an immigration attorney in Atlanta GA and she told me to get all this junk dismissed before my interview.

[moe1985 8]

I know someone who was busted with drugs possession and intent to sell. He had a fantastic lawyer that wiggled him to a much lighter sentence and despite the felony charge (he was eventually convicted however of a class-A misdemeanor stemming from the event), he naturalized successfully.

Just ensure you get a bloody good lawyer, as I stated earlier.

For what it's worth, there are documented cases of individuals who blow a ZERO on alcho-breathalyzer tests and are arrested. The state of Alabama's "Applied Consent" laws unfortunately work against the original poster. The refusal will most likely be used against him if they do charge with DUI and with the inference that he most likely was under the influence. Under all circumstances where chemical or breath tests are to be administered, I always advise clients to opt for the blood or urine test instead of a breathalyzer.

I chose to remain silent and not to answer the 2 police officers nor take any alcohol tests because they were harassing me . One of the police officers gave me a sorority test on the scene and I passed but he wrote on the paper that I refused sobriety test.

[moe1985 8]

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.

Thanks for the valuable info...I wasnt really drunk, I have witnesses that I was with them the night before! When I was in jail for 24hrs hold, after 2 hrs of my arrest, the jail security made me blow in the breathalyzer to make sure I wasn't drunk, and the results on the machine was 0000. The reason I didnt want to cooperate with the police is because they were hillbillies and so unprofessional. they arrested me and and continue to detain me without even reading my Miranda rights! this is so illegal! I am 29 by the way.

Thanks jimmy, appreciate the adive.

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.

Yes I know, it will be suspended 90 days autimatically because I refused to blow, however, my attorney advised me that there is a way around that by installing inter lock device to keep driving. I cant afford being without a DL for 90 days,

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

[Transborderwife 4,666]

The only time an officer must read a person his or her Miranda rights is when: (1) the person has been placed under arrest, AND (2) the officer is about to question the person about a crime. For example, if youre placed under arrest after consenting to a search request and confessing to ownership of found contraband, police do not need to read you your rights unless they want to question you about an unrelated crime.

You had already refused the test so they had all of what they needed at that point.

[moe1985 8]

The never read my Miranda rights before or after the arrest. They dont have to read my rights when they arrest me for being under the influence, however, they cant keep detaning me after when they place the handcuffs on me without reading my miranda rights as I kept telling them that I am not saying without my attorney or a witness in my defense to be present. I am gonna fight this case with all my power , I dont care if I take it to the supreme court.

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.

[moe1985 8]

It wasnt just a rainy day, there was a state wide flood warning, it was puring down like no other day!! He claims he smelled aclohol on me and I have slur speech. well, I was nervous as hell getting out of the creek and I jumped to safety, I was scared, nervous and out of breath. In addition to the cops harassing me , it made me even more nervous...Then, I proceeded to remain silent and told them under the 5th amedmant, I am going to remain silent.

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.

[moe1985 8]

I didnt stay in the car. The matter fact, the police officer from a distance asked me to stay in until helps arrive. Since the water was rising, I chose to get out of the window, stand on top of the truck, and jumped off to the bank. If I was truly drunk, I wouldnt be physically able to do that, Again, it may look I am guilty because I refused to blow, however, I chose to blow to exercise my rights and these two cops were bully.

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.

[yuna628 9,530]

Just to clarify here, and I mean no offense by asking. You say you ''weren't really drunk'', this statement can be construed to the fact you were drinking but don't feel you were drunk perhaps. So the question I ask is, had you been drinking at the time of the accident or prior to in any way, shape or form?

I can certainly understand feeling mistreated by the police especially after having harrowingly escaped a scary situation, and I do think you have a good case that must be fought with a very good lawyer *if* you did not consume any alcohol at all. Alabama's laws are rather unforgiving to the point of abuse about refusing such a test. You will have a battle here, but it's not impossible to fight it.

[moe1985 8]

No, I wasnt drunk at all. when they pulled up, they had 3 people already arrested in the back of thier car for DUI. guess the smell of them got stuck up their nose and thought it was me! Plus, I wear colone and had cough medicine and I have no idea why they thought I was drunk other than my truck went into hydroplane mode and lost control of it and the fact I was very nervous and couldnt even speak well at the time,

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!

[moe1985 8]

No, I didnt didnt drink at all! I was on my work to work at 6 AM that morning! I refused because they were in my face harrasing me and I was very stubborn, thats all. I blew in jail 2 hrs after the arrest and the result was 0000. No alcohol! Unfortunately though, this test was performed by the jail security, not the police officer who arrested me.

Just to clarify here, and I mean no offense by asking. You say you ''weren't really drunk'', this statement can be construed to the fact you were drinking but don't feel you were drunk perhaps. So the question I ask is, had you been drinking at the time of the accident or prior to in any way, shape or form?

I can certainly understand feeling mistreated by the police especially after having harrowingly escaped a scary situation, and I do think you have a good case that must be fought with a very good lawyer *if* you did not consume any alcohol at all. Alabama's laws are rather unforgiving to the point of abuse about refusing such a test. You will have a battle here, but it's not impossible to fight it.

Edited January 1, 2015 by moe1985

[Asia 2,491]

Just to clarify here, and I mean no offense by asking. You say you ''weren't really drunk'', this statement can be construed to the fact you were drinking but don't feel you were drunk perhaps. So the question I ask is, had you been drinking at the time of the accident or prior to in any way, shape or form?

I thought the same.

But then I thought that OP used the wrong word order.

He wanted to say he really wasn't drunk.

[leilabird 18]

If you were not intoxicated then I apologize. I would've taken the test to prove my innocence. But what's done is done. Hope you find a very good lawyer who has dealt with this type of case alot. Good luck to you man!

[moe1985 8]

Thank you sir, I appreciate it. You dont have to apologize for expressing your opinion! Free speech man ! lol

If you were not intoxicated then I apologize. I would've taken the test to prove my innocence. But what's done is done. Hope you find a very good lawyer who has dealt with this type of case alot. Good luck to you man!

Didnt drink nor had alcohol in me when that happend. I had 0 alcohol!

I thought the same.

But then I thought that OP used the wrong word order.

He wanted to say he really wasn't drunk.

Edited January 1, 2015 by moe1985

[Tom_Jim 40]

Thanks for the valuable info...I wasnt really drunk, I have witnesses that I was with them the night before! When I was in jail for 24hrs hold, after 2 hrs of my arrest, the jail security made me blow in the breathalyzer to make sure I wasn't drunk, and the results on the machine was 0000. The reason I didnt want to cooperate with the police is because they were hillbillies and so unprofessional. they arrested me and and continue to detain me without even reading my Miranda rights! this is so illegal! I am 29 by the way.

Thanks jimmy, appreciate the adive.

Yes I know, it will be suspended 90 days autimatically because I refused to blow, however, my attorney advised me that there is a way around that by installing inter lock device to keep driving. I cant afford being without a DL for 90 days,

Just to clarify here, and I mean no offense by asking. You say you ''weren't really drunk'', this statement can be construed to the fact you were drinking but don't feel you were drunk perhaps. So the question I ask is, had you been drinking at the time of the accident or prior to in any way, shape or form?

I can certainly understand feeling mistreated by the police especially after having harrowingly escaped a scary situation, and I do think you have a good case that must be fought with a very good lawyer *if* you did not consume any alcohol at all. Alabama's laws are rather unforgiving to the point of abuse about refusing such a test. You will have a battle here, but it's not impossible to fight it.

No, I didnt didnt drink at all! I was on my work to work at 6 AM that morning! I refused because they were in my face harrasing me and I was very stubborn, thats all. I blew in jail 2 hrs after the arrest and the result was 0000. No alcohol! Unfortunately though, this test was performed by the jail security, not the police officer who arrested me.

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.