I know that DUI is not a criminal offense of moral turpitude but what about refusal to submit breath test in New Jersey? Does Refusal to submit breath test consider as crime of moral turpitude? First DUI offense which is not a felony, does not stop anyone from gaining US Citizenship but what about refusal to submit breath test? Thank you in advance…
2007-01-26 17:44:05 · 10 answers · asked by Steve 1 in Politics & Government ➔ Immigration
Ok. Is refusal to breath test considered as crime of moral turpitude?
2007-01-26 18:25:04 · update #1
Ok. I see here that most of the people don’t know what they are talking about. No you do not go to jail for refusal to submit breath test. In NJ, DUI related crimes are only traffic violations and not criminal offenses. I did not refuse to submit to submit breath test. I blew into the machine 3 times but it did not record any BAC. You can be charged with refusal for anything, so don’t jump off the hook right a way without having any knowledge. My question still stands…Is it a crime of moral turpitude? Could you give any reference? Thanks a lot…
2007-01-26 19:34:00 · update #2
Thanks a lot for the replies… one more question: - In NJ, there is no jail time for implied consent violation and all traffic violation including this are counted as quasi-criminal offenses. What does that mean? If there is no jail time so would it also fall under pity offense without loss of any immigration benefit because there is no jail time for the offense (Pity offense – maximum imprisonment for the crime less than a year and actual incarceration must be less than 6 months)
2007-01-27 02:56:51 · update #3
Typically, no. It is more of a breach of contract. You generally sign something when you get your license that says you will submit to a breathalyzer (at least in my state) however you have a 5th amendment right not to take the test - weighed against competing rights- but you will then lose your privilege to drive.
It might raise questions, but I don't think it would be an automatic out.
2007-01-27 01:37:30 · answer #1 · answered by DAR 7 · 0⤊ 0⤋
It can be considered a crime of moral turpitude and I believe that would indeed negatively affect a citizenship application. This government does not like this from its current citizens.
Why would you refuse to take a breathalizer?
Just by refusing you are going to jail. If you were not, I am very surprised by this.
Edited to add:
If you do not give complete information do not be surprised if you do not get an informed answer.
And...
Try to not jump down the throats of people trying to help you.
That is rude.
2007-01-26 18:39:05 · answer #2 · answered by j 5 · 0⤊ 0⤋
Just say NO to authority in the USA and you will be considered guilty when it comes time for the party gifts.
Actually, these days, I wouldn't worry about it. Better to be maybe guilty than actually guilty. Maybe is the key word.
America wants and needs, Maybe kinds of people. We got lots of this is that and that is this, but we have fewer: this MAY be that or it MAY be this kinds of deals.
The big question mark can be a real winner and I don't think it will be a deal breaker for you.
2007-01-26 18:10:50 · answer #3 · answered by Anonymous · 0⤊ 0⤋
The US is not a free country. They very well could shoot you with a taser and toss you in jail. The New England states are the worst. The Constitution has not been enforced in this country for the most part for generations.
2007-01-26 18:10:32 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Refusal to submit breath test is a contempt of an order or evasion of duty. Thus, the application for citizenship might be affected.
2007-01-26 18:05:15 · answer #5 · answered by FRAGINAL, JTM 7 · 1⤊ 1⤋
When you sign the paper to get you driver's license, you are also stating that you will take a breath test if you are pulled over. If you refuse, you can be taken to jail.
2007-01-26 18:06:10 · answer #6 · answered by Apple Freak 2 · 1⤊ 0⤋
wow DUI is not a criminal offense in NJ
Refusal to submit breath test would only mess up your driver licenses it's unlikely to effect your citizenship application!!!
2007-01-26 17:56:03 · answer #7 · answered by Anonymous · 1⤊ 0⤋
big question is why refuse? what are u trying to hide
their is a difference here in freedom and liberty we have here in america then total anarchy! suck it up loser and realize their is going to be rules to abide by and life isnt always about getting your way! You wanna be a part of this nation then u gotta accept the rules and simple answer for u if u dont like it then get the freak out simple!
2007-01-26 17:52:45 · answer #8 · answered by Anonymous · 1⤊ 1⤋
Your not worthy of citizenship, lets see you do a refusal in your country and see what happens????? Your tryin gto turn things around and it sounds shady, do not need any more shady people,,,
2007-01-26 18:05:06 · answer #9 · answered by Anonymous · 1⤊ 1⤋
No.
2007-01-26 18:28:55 · answer #10 · answered by Yak Rider 7 · 0⤊ 0⤋