DUI Arrests - the Law

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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 an experienced criminal defense lawyer may be able to help get you off on one of these procedural aspects.  

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Last Modified: 07-15-2014 02:52 PM PDT

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