DUI Arrests - the Law
What Constitutes a DUI Arrest?
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 and your rights during a DUI arrest. 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.
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Last Modified: 06-10-2009 12:55 PM PDT