When an officer stops somebody for a traffic stop or field sobriety test the first stage of the criminal DUI case may begin.  Use of physical restraint or handcuffs is not necessary for a DUI arrest.  Arrest may occur when the office simply tells the suspect that he or she is ¿under arrest¿. 

When Can an Officer Make a DUI Arrest?

A police officer can make an arrest when he or she has personally observed a crime or has probable cause to arrest.  This means that if he or she has spotted a car being driven erratically, and later administers a Breathalyzer test which shows that the person is over the limit he or she may arrest.  In regard to probable cause if someone refuses to submit to a sobriety test or chemical test and also displays drunken behavior the officer may also arrest.

Are There any Other Instances Where an Officer Can Make a DUI Arrest?

An officer may also make a DUI arrest when an arrest warrant has been issued.  Although far more rare in the DUI situation, DUI warrant arrests do happen.  DUI arrest warrants must contain the following information: crime committed, individual suspected of the crime, location where the suspect can be located for arrest, and a section specifically giving officers permission to arrest the person identified as the suspect. 

Should I Contact a Lawyer Regarding a DUI Arrest?

As there are may aspects to DUI arrests which may be contended in court, it is a very wise idea to contact a lawyer familiar with handling DUI cases.  Anything from improper arrest procedure to mistreatment of the suspect may be contested in court, and a good lawyer may be able to help get you off on one of these procedural aspects.