• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Immigration AOS, DUI and invalid license.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

newuser485

Junior Member
What is the name of your state? CA

Good afternoon folks,

I landed myself in a really disappointing and somewhat bad situation on Tuesday and i need any advice I can get. Let me give you a brief status overview.

I came into the US through san francisco on the 1st of Jan 2007 on a K1 Visa which was approved in December 2006.
I got married within the 90 days on March 17th 2007.
I filed for AOS middle of Nov 2007. (I know its late but we were on an extended travelling holiday.)

The situation :

A couple of weeks after i arrived in the states i applied for a SSN and successfully got one.
I then went to the DMV a month later and took a theory test (written exam) for a drivers license and failed it. I then went back a month later and they said that they could not issue me an exam because my I94 had expired. The I94 i was given upon arrival expired in April 2007. So I had a long debate with them explaining that I need to drive as everyone does in southern california. They told me they couldnt do anything until I get some more documentation, namely a green card or an accepted AOS notice.

I was under the impression that I could drive on my UK license since California would not issue me one. I called a lawyer and they said the reason they didnt give me one is because i am considered "out of status" which is fine. I have since received my NOA notices for my AOS and have a biometrics interview pending for next week. (18th of Dec).

I have been driving on my UK license since January and have never been pulled over at all. 3 weeks ago driving to san francisco from LA a cop pulls me over and gives me a speeding ticket. He suggested that i am not allowed to drive on my UK license but i told him that California would not give me a state one. He let me go with just a speeding ticket.

On tuesday night i was in downtown LA with some visitors from England and had a beer. By the time I finished with the visitors i maybe had 3-4 beers total. Not UK pint size, substantially smaller amounts, 12OZ I believe. I was driving down through laguna beach after dropping them at their motel on my way home and a cop pulls me over. To cut a long story short, they arrested me for suspected DUI (Driving under the influence) and not having a valid driving license. I explained my situation to them about the license and they didnt have a clue about anything but decided to charge me for an invalid license anyway. I was held for 28 hours in Laguna Beach police station. I have to say at this point that personally, having 4 beers over the space of 6 hours and having one on average every hour DID NOT make me feel drunk in the slightest. However, i know the limit is 0.08%. I decided to opt for a blood test rather than the breathalizer and i have to wait 7-10 days for the results to see if i was over or not.

To cut a long story short I ended up being released and was given a court date for 01/30/2008.

I have a few questions that I need answers too and i was wondering if anyone could help me with them :

1. If I was over the limit will this affect my changes of getting AOS, EAD, AP, etc?
2. Am i legally allowed to drive on my UK license when i am out of status considering the DMV would not issue a california one to me.
3. Can I get a california license with the paper work I have now ? (NOA for AOS, and notice of action for AP and EAD + interview date notice)
4. What will happen to me since i am out of status and dont have a california license?
5. Will this stop me getting a California driving license?
6. Were they right to hold me for 28 hours since they had no proof i was over the limit because i opted for a blood test which takes 7 to 10 days?
7. What other options do I have to be able to drive legally since apparently i am not allowed to drive on my UK license and California will not issue me a local one?
8. Does anyone have any experiences related to the same issue? I would love to hear from you.

Being the stupid British man I am, i felt 100% ok to drive my car back home and genuinely did not think i was over the limit. Like I said i had 4 beers over a period of 6 hours. In 10 days i guess i will find out when the blood test gets back.

Any help is greatly appreciated,

Best Regards
 


TKO24

Junior Member
7. What other options do I have to be able to drive legally since apparently i am not allowed to drive on my UK license and California will not issue me a local one?
8. Does anyone have any experiences related to the same issue? I would love to hear from you.
Hey man, my K1 application has been sitting in Vermont for the last 3 months. I'm going to settle in Alabama and the driving issue is the same - won't be able to apply for the licence till I get my EAD confirmation, which can be 6 months after arrival even if I am not late with anything.

Obviously that effects Insurance costs for a car - my plan is to get a cheap car and go with their minimum requirement cover (kinda like our 3rd party only) till I can get my licence - premiums seem to come down for their Fully Comp equivalent.

Anyway, that's all waffle - point I was gonna say is try the USA section of britishexpats.com/forum for folks in a similair position.

Try DrivingAbroad.co.uk too.

Oh, and back here in Blighty, police are campaigning to lower the legal drinking limit by nearly half...
 
Last edited:

newuser485

Junior Member
Blood test came back 0.04%

Hi Guys,

I got my blood test results and they were 0.04% way under the limit. Now my question is whether they can backdate these results since the blood test was taken about 1 to 2 hours after my arrest.

Please let me know

Thanks
 

CdwJava

Senior Member
Hi Guys,

I got my blood test results and they were 0.04% way under the limit. Now my question is whether they can backdate these results since the blood test was taken about 1 to 2 hours after my arrest.

Please let me know

Thanks
Even at .04 you can still be charged with DUI ... it's difficult as the legal presumption at .04 is of sobriety, but it is theoretically possible.

A test taken within two hours is considered a valid test for the time of driving. The state can TRY to make a case for diminishing BAC but at .04 I doubt they will try.

- Carl
 

CdwJava

Senior Member
1. If I was over the limit will this affect my changes of getting AOS, EAD, AP, etc?
Unknown, but moot unless convicted.

2. Am i legally allowed to drive on my UK license when i am out of status considering the DMV would not issue a california one to me.
That depends why they would not issue a license.

3. Can I get a california license with the paper work I have now ? (NOA for AOS, and notice of action for AP and EAD + interview date notice)
You'd have to check with the DMV.

4. What will happen to me since i am out of status and dont have a california license?
It can be a misdemeanor to drive without a license in the state of CA and can also result in the impound of your vehicle.

5. Will this stop me getting a California driving license?
Check with the DMV.

6. Were they right to hold me for 28 hours since they had no proof i was over the limit because i opted for a blood test which takes 7 to 10 days?
An arrest requires only "probable cause" to make an arrest. Within 48 hours (2 court days) is an arraignment and a release on one's own recognizance or reduced bail is likely.

7. What other options do I have to be able to drive legally since apparently i am not allowed to drive on my UK license and California will not issue me a local one?
Find out what you need to do to get a CA license. Many immigrants and long term visitors do it every day.


- Carl
 

newuser485

Junior Member
Thank you for your comments. I know exactly what i need to get a California drivers license, it just astonishes me that they will not give me until my AOS paperwork comes through? Lets say the USCIS took a year to grant me residency hypothetically, i would not be able to drive legally for over a year. But i guess this is a legal loophole im stuck in and will have to stick it out.

Thanks again for your advise.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top