Under which category “refusal to submit breath test” fall?

[lookingforhelp1]

What is the name of your state? New Jersey

Under which category does “refusal to submit breath test” fall? I understand that it is implied consent violation. But can it be considered as crime including moral turpitude? I found the following over internet, what does quasi-criminal offense mean?

B. Refusal as a Criminal Offense
Eight States consider a test refusal as a criminal offense. The manner in which refusal is criminalized varies among the 8 States. Refusal is considered a misdemeanor in Alaska, Minnesota, Nebraska, and Ohio. It is considered an infraction in Indiana. In California, refusal becomes a criminal offense if the driver is convicted of DWI after refusal. In Vermont, refusal is criminalized for drivers with a prior DWI. In New Jersey, traffic law violations, including violations of the implied consent law, are considered “quasi-criminal.” All 8 States impose a fine and/or a jail sentence for the crime of refusing a breath test.
http://www.nhtsa.dot.gov/people/inju...eLawReview.htm

 

[CdwJava]

It should not be considered a crime of moral turpitude. But, I suppose it depends on who is making that evaluation.

- Carl

 

[lookingforhelp1]

I asked this question for immigration purpose. Will conviction of refusal to submit breath test affect on citizenship application? Thanks a lot.

 

[lookingforhelp1]

Hi CdwJava and everyone,

Could you please advise if it will be counted as crime involving moral turpitude? Thanks a lot.

 

[CdwJava]

Could you please advise if it will be counted as crime involving moral turpitude? Thanks a lot.

It shouldn't be. I suppose it depends on whose doing the asking and interpretation.

- Carl

 

[SillyPuddy]

Most of the states have changed, or are changing, implied consent law to where a refusal to submit to a breath test carries the same penalties or worse than a DUI conviction.

In my state, if I would have refused the breath test, I would have gotten a much longer license suspesion than what came with my DUI conviction.

 

[lookingforhelp1]

Thanks a lot CdwJava and SillyPuddy for replying to my question. I need your second opinion. Please correct me if I am wrong. The following is CRS Report for Congress updated 09/20/2006. This one says on page 19:-

“make deportable unlawfully present aliens who are either convicted
of drunk driving or refuse a Breathalyzer or other test of blood alcohol
content in violation of state law (H.R. 4437);”

Does that mean that it will not imply on legal resident alien but only illegal aliens? Simple first DUI is not a crime involving moral turpitude or a deportable crime for legal aliens. Does that mean, first refusal to a breathalyzer shouldn’t be a Crime involving moral turpitude also??? The reference is given below from government website. Thank you.

http://fpc.state.gov/documents/organization/73944.pdf

 

[moburkes]

Thanks a lot CdwJava and SillyPuddy for replying to my question. I need your second opinion. Please correct me if I am wrong. The following is CRS Report for Congress updated 09/20/2006. This one says on page 19:-

“make deportable unlawfully present aliens who are either convicted
of drunk driving or refuse a Breathalyzer or other test of blood alcohol
content in violation of state law (H.R. 4437);”

Does that mean that it will not imply on legal resident alien but only illegal aliens? Simple first DUI is not a crime involving moral turpitude or a deportable crime for legal aliens. Does that mean, first refusal to a breathalyzer shouldn’t be a Crime involving moral turpitude also??? The reference is given below from government website. Thank you.

http://fpc.state.gov/documents/organization/73944.pdf

Your questions would be better asked in the immigration forum.