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
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