Profile of a DUI Arrest

When a person is pulled over on suspicion of drinking and driving, he or she may be asked to perform a field sobriety test. A driver's performance on this test can often dictate whether or not he or she will be arrested for DUI.

The performance of these tests is subjective and an officer may escort a suspect to the police station to perform additional tests, such as a breathalyzer test.

A suspect may be placed under arrest at any point in this process, meaning that they are under the authority and control of the police.

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 that can lead to a drunk driving 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 certain situations.

"Probable Cause" DUI arrests generally happens when a person has been observed 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 typically 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.

PAID ATTORNEY ADVERTISEMENT: THIS WEB SITE IS A GROUP ADVERTISEMENT AND THE PARTICIPATING ATTORNEYS ARE INCLUDED BECAUSE THEY PAY AN ADVERTISING FEE. It is not a lawyer referral service or prepaid legal services plan. Total DUI is not a law firm.  Your request for contact will be forwarded to the local lawyer who has paid to advertise in the ZIP code you provide. Total DUI does not endorse or recommend any lawyer or law firm who participates in the network nor does it analyze a person's legal situation when determining which participating lawyers receive a person's inquiry. It does not make any representation and has not made any judgment as to the qualifications, expertise or credentials of any participating lawyer. The information contained herein is not legal advice. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Any information you submit to Total DUI does not create an attorney-client relationship and may not be protected by attorney-client privilege. Do not use the form to submit confidential, time-sensitive, or privileged information. All photos are of models and do not depict clients. All case evaluations are performed by participating attorneys. An attorney responsible for the content of this Site is Kevin W. Chern, Esq., licensed in Illinois with offices at 25 East Washington, Suite 400, Chicago, Illinois 60602. To see the attorney in your area who is responsible for this advertisement, please click here or call 866-200-8052.

FLORIDA ONLY: Total DUI is considered a lawyer referral service in the state of Florida under the Florida Rules of Professional Conduct. By all other standards, Total DUI is a group advertisement and not a lawyer referral service.

If you live in Mississippi, Missouri, New York or Wyoming, please click here for additional information.