NJ DUI Arrest (?)

A

Admiral Beard

New Member
I've been "arrested" in NJ more than 5 years ago and charged with "DUI with alcohol level exceeding 0.8", after failing a field sobriety test due to a preexisting bodily injury, subjecting to which test was later deemed inappropriate. The alcohol level turned out to be below 0.8, and the cop issued several tickets for all kinds of things he could think of -- wrong lane, speeding, reckless driving, careless driving, etc. To avoid going to court further in case it's not settled locally, I've agreed to just careless driving with no points for a first time such offense and paid a fine for it only, which was like $100 or so. When studying whether an arrest record exists for this, I read that DUI is not a criminal offense in NJ, and hence is not reported on the arrest record. I've requested the court-certified dispositions for all the tickets, and they're all disposed of with a note that further information is not available as they've been archived.

Since this was an inappropriate "arrest" to begin with, and those charges were dismissed, I wonder whether I have to declare this "arrest" at all. What do people think? Surely I can go on explaining, but if I don't have to, I'd rather not, as this shouldn't have happened in the first place.
 
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Were you brought into the police station or was it just part of traffic stop?
 
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Alas, I've been booked and BAC measured there at the station. I don't recall whether I was fingerprinted then. This is when the guy saw BAC is well below 0.8, twice, and proceeded to issue his load of tickets and then let me go. Also, he kept the DUI charge as one of the tickets, telling a partner, they'd just have to use circumstantial evidence. It was also dismissed.
 
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Sounds to me you were arrested since they brought you in station for BAC test.
An arrest doesn't require them to fingerprint you.
The conviction was for careless driving. So on N-400 you would disclose arrest and mention conviction of careless driving. Just bring court documents to interview.
 
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