Arrested on suspicion, but released after station test...

Convicted Driver Insurance

mocow007

New Member
Hi,
I was involved in a car accident, breath tested on the side of the road which i failed. I was arrested on suspicion of drink driving (so i believe), and taken to the local police station where i was booked in and then took the station breath test which i passed.

At no time was i put in a cell, i kept all of my belongings including two rucksacks of stuff with me at all times, didn't have my fingerprints taken and then was released with out charge.

I'm currently applying for immigration to the U.S with my U.S wife and want to know if this would show up on records and especially the ACRO. If it is on record what would it show and would it effect my visa application?

Thanks in advance

Mark
 
I am not a USA immigration lawyer. However, I think it is unlikely that the fact you were arrested will cause you a problem as you were never convicted, cautioned or even charged with any offence.

A record of the fact you were arrested will be retained on the Police National Computer (The "PNC") which, in theory, could be disclosed on an enhanced CRB check but, in reality, I think this is unlikely.
 
Thanks for your reply, i really appreciated your comments.

The whole situation was a bit of a blur and it was all over in such a quick time (I was in and out of the station in about 30-40 mins).

Can I trouble you with one more question... I'm filling in forms and where it asks 'have you ever been arrested?' I'm a but unsure what to put. I presume for them to be able to take me to the station for the second breath test they would have had to arrest me? Or would they have detained me? Is there any difference?

Because i wasn't fingerprinted or anything does that mean i wasn't arrested?

Thank you again

Mark
 
mocow the answer to that question is no, because drink driving is not a crime of moral turpitude.
 
Cheers,

I know that it doesn't affect my entry under the visa waiver program (I've been over since this ordeal), I'm a little more worried about my application for permanent immigration!!

I'm probably worrying too much as i wasn't even convicted/charged, but even so....

Thanks for the reply

Mark
 
It sounds to me as though you were arrested. They would have to arrest you to detain you at the police station for the purpose of taking evidential breath samples.

I cannot comment on the implications of this in relation to your VISA application.
 
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