Apply Citizenship with DUI

I

ineedanswers

Registered Users (C)
Hi,

I had DUI in March 2003. There is NO eviction, arrest nor court order only my license was suspended for 6 months. Then after six months i paid a fee to get back my license.

Would it be a problem for my citizenship application?

In I-400 question 15: "Have you ever committed a crime or offense for which you were not arrested?" ... should this be YES?

Thanks

Ineedanswers
 
So you are saying you have a DUI conviction, even though you were never arrested or seen in court? Seems a little strange - my guess is you were cited by a police officer, and then I suppose you plead guilty to the offense? What happened on scene? Were you allowed to take yourself home, or did you get a free ride downtown?

Anyway, I don't think it makes much difference, because generally you need to have 5 years good moral conduct before you can be naturalized. Allegedly there have been some cases approved with a single DUI occurring inside the CIMT period, but I don't recall any first-hand reports. Of course, most people posting here are usually the ones with problems...

The answer to question 15 should probably be 'no', however the answers to some of the earlier questions likely needs to be 'yes'.
 
You Need Answers:

Listen, your statement is misleading and personally I find it confusing. How can you "get a DUI" when you never went to police station or have gone to court? Did you breathe into a breathalizer? Did you get handcuffs on you? Further, you stated that your license was suspended for 6 months? FOR WHAT? What was the reason?

Did you get pulled over when you were drunk and the police cited you a "careless driving"/"reckless driving" instead of a "DUI"? If you blowed into a breathalizer and spend the night in jail, then you must had a court date. If you had a court date, then you must had a "sentencing" of some sort.

Don't call it a "DUI" unless you truly were sentenced or convicted of a "DUI"!

If you were drunk and both you and and police knew you were drunk, but for some miraculous reason the police let you go, then it's not a "DUI". To answer your question about question #15 on the application, yes, your answer should be yes! I just find it tough to believe that someone can "get a DUI" without getting arrested. You were either arrested for your DUI or you simply did not get a DUI, there is no gray!

If you indeed have a DUI, then your best bet on when to apply for Naturalization is past March 2008. You can apply before then, but don't be surprised to receive a DENIAL letter in the mail. In contrast to the second poster, everyone I know or have spoke to that had a DUI that applied within the 5 year rule were ALL DENIED because of the 5 year rule and mainly because they were still on "probation" for their offense.

Get your story straight and you'll get more better suggestions and answers.
 
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You are close enough to having 5 years since the incident, that you might as well just wait until the 5 years are complete so you can have a clean 5 years when applying.
 
Thank you very much for all your answers. Please advise more.

This is whole story:

I drank that night and I hit the mail box and flipped my car. The police and ambulance came took me to the hospital for check up that night because I was in shock. The next morning, I was release from the hospital, they only give me the care instruction, no case no citation. The police took my driver license and the car was impounded total lost.

The insurance paid for all the damages. I called the court couple weeks later to to find out what really happened to my case. There was no cases against me, except that I run my DMV report, and it says my license is suppended for 6 months because of DUI. I do not know what was the alcohol level but i guess they did the blood test when i admitted in hospital. I waited until 6 months later and went to DMV paid $195 fee to get my license back.

I want to file the application now because I heard the fee will raise to $800 something and i assume by the time they review my application that would be in 2008 as well.

Please give me your opinion and advise.

Thanks.
 
Ah, now with details, things start to make more sense. Here's what I would do.

I would call the police station and request a police report of your accident. From that you should find out more details about your "blacked out arrest" and if blood work (blood alcohol content) was done while you were passed out in the hospital.

The police report had to have something about your BAC to cite you a DUI. If you were cited for a DUI, then you should've received a court date, but you didn't. Your case must have fell through the cracks between the police station and the court house. Very lucky.

If the court has no cases against you, then accordingly to "law", you haven't received a DUI. Look at your Driving Record again, does it state your BAC level. Usually a DUI on a driving record will state the BAC level that your DUI was involved with (0.9, 1.2, etc.).

Your case is very interesting. Passed out from the accident, sent to a hospital unconscious, the police can't read you your miranda rights to arrest you when you're unconscious, therefore no arrest! The only thing they "MAY" have against you is the blood work from the hospital which they do automatically when trauma (motor vehicle accidents) patients roll in. We usually do a pan-blood test to test drugs and alcohol. So I'm pretty sure the hospital records has your BAC results.

If you answer "YES" to question #15 on the N400 then you must back up that answer with documents when you apply. So I would suggest you to obtain an official certified copy of the police report from your accident.

Your scenario is this. DUI is listed on your driving records. No cases are filed against you to the court because you were technically never arrested by the cops. But to be 100% sure that you weren't arrested, you HAVE TO get that police report and see what they said about you that night!

Oh by the way, the N400 fee had already increased starting July of this year to $675 or something ridiculous like that. I haven't heard anything about increase it again to $800 in the near future?! But with inflation, just like everything else, I'm sure the N400 application fee will eventually increase again in the future.
 
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ineedanswers said:
I want to file the application now because I heard the fee will raise to $800 something and i assume by the time they review my application that would be in 2008 as well.
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Too late. The fee already increased.

And I believe they go back to 5 years before your application date, not 5 years before the date when they review your case (others correct me if I am wrong).
 
shie0023 said:
If you answer "YES" to question #15 on the N400 then you must back up that answer with documents when you apply. So I would suggest you to obtain an official certified copy of the police report from your accident.

.
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Hi,

The police did not leave anything behind at the hospital for me. I had to go to the police station to find out where my car was impounded and was told my driver license is suspended. When i called the traffic court, i didn't have any report number to based on except that my name and driver license. With this issue how do I find out the report? Also if I called them do you think the police depart will bring up the case and charges me again?

Then last year 2006, i have a traffic ticket which i already went to traffic school to clear my record.

thanks
 
The fee has already increased so no point in rushing now. I would say wait another 2-3 yrs and then apply. At that time your past 5 yrs will have no moral issues, if you can manage to stay out of trouble.
 
ineedanswers said:
Hi,

The police did not leave anything behind at the hospital for me. I had to go to the police station to find out where my car was impounded and was told my driver license is suspended. When i called the traffic court, i didn't have any report number to based on except that my name and driver license. With this issue how do I find out the report? Also if I called them do you think the police depart will bring up the case and charges me again?

Then last year 2006, i have a traffic ticket which i already went to traffic school to clear my record.

thanks
Click to expand...

The police is not going to "leave" their police report for you in the hospital so you can have it!?!

To obtain your official police report for your accident, you have to go to the correct police station in the correct district and the correct prestinct of the officer that came to your accident. By asking for an official police report of your accident, they won't/shouldn't press charges against you.

Find out which cops at which prestinct dealt with your accident and that's where you have to go IN PERSON and get your police report/records. Be sure to get a certified copy when you're at the police station. Whether you apply for Naturalization today or 5 years from now, it's good to have a certified copy of any blemishes in your life in case the Immigration Officer asks for it during your interview. It's good to be prepared.

Besides, you need this police report to see if you were ever officially arrested or not to answer question #15 on the N400. So find out which police station you have to go to and go get an official CERTIFIED police report. No more questions will be answered until you've obtained your police report and read it. You now know everything that you need to know at this point of your N400 application questions.
 
Wow, thats a very bizarre story. I still don't see how the DMV can levy a suspension against you without a conviction or admission of guilt, but I guess this has been pretty well cover by others here.

Slightly off topic, but I'll relate it anyway...
- helped a colleague unload an ex-police motorbike off his truck a couple years back. A few hours later I hear he's managed to crash the bike while doing over 70mph in a 25 zone along a road thats less than a 1/4mile long. Apparently he locked up the back wheel and dropped the bike, giving himself a nasty concussion and cut above the eye, and his gf a broken arm. After he was airlifted to the shock-trauma center, he came home and found the local PD waiting for him with about 20 charges, of which DUI was about the least serious. He spent a couple months in jail for that short ride...

You were lucky.
 
boatbod said:
Wow, thats a very bizarre story. I still don't see how the DMV can levy a suspension against you without a conviction or admission of guilt, but I guess this has been pretty well cover by others here.

Slightly off topic, but I'll relate it anyway...
- helped a colleague unload an ex-police motorbike off his truck a couple years back. A few hours later I hear he's managed to crash the bike while doing over 70mph in a 25 zone along a road thats less than a 1/4mile long. Apparently he locked up the back wheel and dropped the bike, giving himself a nasty concussion and cut above the eye, and his gf a broken arm. After he was airlifted to the shock-trauma center, he came home and found the local PD waiting for him with about 20 charges, of which DUI was about the least serious. He spent a couple months in jail for that short ride...

You were lucky.
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It would be interesting to know what the police report said for ineedanswers' case?
 
I was amaze and feel so lucky, I didn't believe that there are no fine or court date like my other friends who had to pay bail money at least $2000 and a lawyer at court, and community work hours.
 
ineedanswers said:
I was amaze and feel so lucky, I didn't believe that there are no fine or court date like my other friends who had to pay bail money at least $2000 and a lawyer at court, and community work hours.
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You should also feel lucky that you're ALIVE and you didn't HURT anyone else! We all make mistakes, just be sure that we learn from them.
 
Hi,

After check my police report (this is copy from my car insurance). This is just a part of it but i think it serves the purpose

----------------------------POLICE REPORT-------------------------------
...
INTOXICATION NARRATIVE: D#1 had a distinct oder of an alcohol beverage on driver breath. Driver's eyes were red, and glassy. The speech was slow and slurred. Due to the severity of the accident, D#1 was immediately provided medical treatment, and restrained to a back board. Due to this reason, no FSE'S were performed at the scene. The Driver was transported to hospital where a blood sample was taken. D#1 was released at the hospital pending results of the blood test. See DUI report for further.

CAUSE: D#1 caused the accident by being in violation of vehicle code -unsafe turning movement, and -driving under the influence of an alcohol beverage.
..."
-------------------------------------------------------------------------
question: what is "FSE'S"?

-------------------------------DMV REPORT---------------------------
DVM report:
Violation/Convictions
Type Viol: ACC
Description: Accident
-------------------
Suspensions/Revocations
Action: Suspension
Description: Immediate Suspension - DUI
Confiscated license
**Written notice served by officer

-------------------------------------------------------------------------
It seems that my violations was accident, because in the column of Convictions is blank, but my suspension was due to DUI because the police officer written the report.

Opinion please.

Thanks.

ineedanswers
 
An insurance copy will not be suffice. Again, you need the ENTIRE accident police report to see if you were arrested!? We already knew you got a DUI, but now we need to know if you were "ARRESTED"!

If in the police report, especially at the end of the report, does say anything about you were arrested (read you your Miranda Rights), then you must answer YES for question #15 on the N400.

Don't try to avoid going to the police station, just go and get a certified copy. This insurance copy of the report is incomplete. You need to read the entire report. It's like talking to a wall here!
 
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Yes, I am already requested for certified copy, it will take sometimes because it happened almost 5 yrs ago. I will also get most updated DMV report for my file too. Until now I can only use this copied report.

The copy from the insurance is the entire report except that it is not a CERTIFIED report. It is just regular copy. I just posted the part that i think its most related to the topic.

The entire report there is no part mention anything about being "ARRESTED", the part I posted earlier was the end of the report, everything before it was just description of the accident what scene looked like, how my car damages, the location and my statement. Nothing about read me my Miranda Rights.

For now I just try to get the N400 ready and answer question #15.

Thanks.
 
ineedanswers said:
The entire report there is no part mention anything about being "ARRESTED", the part I posted earlier was the end of the report, everything before it was just description of the accident what scene looked like, how my car damages, the location and my statement. Nothing about read me my Miranda Rights.

For now I just try to get the N400 ready and answer question #15.
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In that case, I would answer Part 10 in the following manner: (NOTE: the answers below ONLY pertains to your DUI incident, who know what other crimes you had or had not commit? If you have other offenses, then answer the questions below accordingly.)

15. Have you ever committed a crime or offense for which you were not arrested?
Yes, you have to say yes because DUI is on your driving record. Say YES will protect you in case USCIS Immigration Officer pulls your driving records. Be sure to send in your certified police record with your N400.

16. Have you ever been arrested, cited or detained by any law enforcement officer (including USCIS or former INS and military officers) for any reason?
No, you were never arrested for your DUI, but were you ever arrested for other things? If not, then put NO here. You also might want to obtain a certified arrest record from the police station to show that you were never arrested and mail that in with your N400.

17. Have you ever been charged with committing any crime or offense?
No, never charged, the court has no charges against you. To prove that, be sure to obtain a certified court statement that you were never charged with any counts. Mail this in with your N400 as well.

18. Have you ever been convicted of a crime or offense?
No, I would put NO here to because "being convicted" means you had to go to a court hearing, but you were never informed of a scheduled court hearing that you had to go to! Again, be sure to have a certified court document stating that you were never convicted of anything. This document can be the same document from question #17. Be sure have the court clerk state everything on the same letter.

19. Have you ever been placed in an alternative sentencing or a rehabilitative program (for example: diversion, deferred prosecution, withheld adjudication, deferred adjudication)?
No, no court hearing = no sentencing. Again, be sure to have a certified court document stating that you were never had a sentencing of anything. This document can be the same document from question #17. Be sure have the court clerk state everything on the same letter.


20. Have you ever received a suspended sentence, been placed on probation or been paroled?
No, no court hearing = no sentencing. Again, be sure to have a certified court document stating that you were never had a sentencing of anything. This document can be the same document from question #17. Be sure have the court clerk state everything on the same letter.

21. Have you ever been in jail or prison?
No, you were in the hospital so no jail. You also might want to obtain a certified record from the police station to show that you were never jailed and mail that in with your N400. This can be on the same police document for question #16.

All these certified documents are necessary because you had to answer YES for question #15. All this is to back up that you were never charged, sentenced, went to court, jailed, and all that. Sort of like instead of you're innocent until proven guilty, you have to imagine the Immigration Officer will treat your N400 application like you're guilty unless you prove that you're innocent.

Remember, get everything documented and certified from the police station and the courthouse stating that none of the activities in questions #16-21 asked in Part 10 of the N400 pertained to you. Good luck.
 
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