Profile of a DUI Arrest
By Kevin Chern
When a person is pulled over for a traffic stop is suspected of DUI and given field sobriety tests, the person's failure of these tests generally results in a DUI arrest.
An arrest has taken place when an officer tells a suspect that they are under arrest. At this point, the DUI suspect is officially in police custody, even if they are not handcuffed or physically restrained.
Being under arrest means that the person is under the authority and control of the police, and this can be completely voluntary.
If you've been arrested for a DUI, speak with a DUI lawyer about fighting your charges. For a free case evaluation with a DUI lawyer near you complete the free form on this page.
Reasons for a Drunk Driving Arrest
There are many situations and scenarios that can lead to a DUI arrest. Three primary circumstances that may lead to a person being placed under arrest for DUI include:
A Crime Observed First-Hand by the Police Officer
This may be the most common and most obvious circumstance that leads to a DUI arrest. If a police officer personally witnesses a traffic violation or a driver exhibiting symptoms of drunk driving, the driver will be pulled over for suspicion of DUI.
After a field sobriety test or a breath test to determine the driver's blood alcohol content, a DUI arrest may occur.
"Probable Cause" DUI Arrests
If facts and circumstances lead an officer to reasonably believe that a person has, or is about to, commit a crime, that person may be arrested.
The officer's reasonable belief is called "Probable Cause", and may be sufficient grounds for a DUI arrest in some situations.
"Probable Cause" DUI arrests generally happen when a person has been noticed driving erratically, smells of alcohol and/or refuses a breath test to determine their blood alcohol content level.
DUI Arrest Warrants
A judge or magistrate may issue an arrest warrant for a person if a police officer submits a sworn statement that outlines the basis for an arrest. An arrest warrant generally identifies the crime and the person suspected of committing the crime, specifies the location where the suspect may be found, and gives a police officer permission to arrest the person named in the warrant.
After a DUI Arrest - You Can Fight Your Charges
After a DUI arrest, suspects are generally taken to the police station or local jail and booked. This process includes recording details about the crime and the suspect, including fingerprints and a mug shot. Personal property, such as keys and cash, are also confiscated at this time and is usually returned when the suspect is released unless they are held as evidence.
In some cases, bail may be posted immediately or a suspect can be released on their own recognizance, which means they sign a promise to appear for their court date. In other cases, the suspect will be required to wait in jail for a hearing before a judge to determine the amount of bail.
After being released from jail, a suspect may need help from a local DUI attorney. At Total DUI, we make getting in touch with a lawyer easy. Simply give us a call at 877-349-1311 or fill out just one short form for a free DUI case evaluation.
The above summary is for information purposes only, is not legal advice, and is not a substitute for the advice of a lawyer in your state.