DUI Arresting Process
There is a systematize process that each person typically goes through when they are arrested for DUI. The number one thing an offender can do is to first seek out an experienced DUI defense Attorney to get briefed on one’s legal rights under the laws of the state in which they reside. However, this section of the website will highlight what generally happens when you are first pull over by an arresting police officer of highway patrol.
It is worth noting that more DUI arrest is made as a result of a police officer pulling a person over for a minor traffic violation or infraction. This is where the majority of individuals get caught. These minor traffic violations can be as simple as failing to signal properly at an intersection, not turning on your headlights after dark, excessive speeding, having a tail light out or any number of factors that may draw an officer’s attention.
When highway patrol first pulls you over, the first things he or she is going to ask for are your required documents. These documents include a current drivers’ license, proof of vehicle insurance and your state registration. They will then run them through the statewide records system to verify that the current status of each and to see if you have any outstanding warrants, unpaid traffic tickets and a number of other things. If any one of these documents is not updated, the officers will have probable cause to probe further.
He or she will then start asking you questions to engage your conversation. These questions will be things like, where are you coming from or where are you headed. During this time, the officer will most like stoop down to get closer to you. This is done so they can see if they smell any alcohol and can take place either during the day or at night. Should the officer smell alcohol or detect suspicious activities from you, they will then ask you to get out of the car and have you perform a field sobriety test. Many people don’t realize a field sobriety test is not mandatory. You can decline.
The nest test you will be asked to perform is a Blood Alcohol Content Test or BAC for short. This test will measure the level of alcohol currently in your system. Since the national average is .08 percent, if you have had one drink, they it is possible to fail depending on your weight and other physiological factors. At this point you may be asking, “Can a police office still arrest me if I refuse to do any of the tests?” The answer is yes. They can arrest you on suspicions of DUI/DWI if they smell alcohol content on your breath. The fact that you did not take the test only means that they cannot prove that your blood alcohol level is beyond the legal limits. Upon arresting you, you will be read your Miranda Rights under the law and handcuffed for transport to the appropriate police station. It is important to maintain a sense of calm at this time and don’t become combative or argumentative. Additional charges such as resisting an arrest can be charged against you if you do.
Once you arrive at the police station, you will be removed out of the car, taken inside and booked on suspicions of DUI. The booking process can be very intimidating. Just remember to remain calm. During this process, they will take your fingerprints and a photo or mug shot of you and lock you in a jail cell for brief period. This is an observation period so they can monitor your behavior. During this time, it is a good idea to start thinking about getting a DUI defense attorney. Most states grant you 30 minutes of grace time to contact a lawyer before this test can be administered.
Even though they don’t have any scientific proof that you have exceeded the minimum blood alcohol level, more than likely they will now ask you to give up blood and then interview you. If you refuse to give blood, in most states there is a good chance that you will lose your license for up to one year. At your refusal, the arresting police officer then has the option to get a search warrant from the presiding judge and forcefully withdraw blood to measure your BAC. To continue, see Informal Preliminary DUI Arraignment Process
