The Procedure of a DUI Arrest


The of a can differ a little bit from state to state, but it generally follows the same structure. If you are driving erratically or a officer has reason to suspect you are intoxicated, you will be stopped and ask to perform a series of actions. If the officer deems you too intoxicated to drive, you’ll be arrested and usually asked to undertake a blood or breath test. After that, it’s a matter of awaiting your court date and finding a DUI attorney.

Usually a DUI arrest is made after someone is pulled over for driving erratically or doing something unusual in a vehicle, such as running a stop sign, a red light, or bouncing off the marked lines in the road multiple times. If you have headlights or taillights out, you may also be pulled over and asked to show license and registration. At this point, if the police officer thinks you are intoxicated you’ll be asked to perform a series of tests of your coordination. These are known as field sobriety tests. You have the right to refuse to perform field sobriety tests, but you should know that you will be arrested and charged if you refuse. The only reason you might refuse is if you think the officers are using the tests to build up more evidence against you – in other words, they clearly already know that you are intoxicated and will arrest you regardless of how well you do in the tests. Also, these tests can sometimes be difficult even when you aren’t intoxicated, and may get you into trouble if you have poor coordination to start with. So, in some cases, it might be better to cooperate with police as much as possible.

There is a chance that, if you pass all the Field Sobriety Tests, you will be allowed to go on your way. This is more likely to happen if you were stopped for a random check or a missing headlight than if you were stopped for driving erratically. If you are arrested for DUI you will then be taken down to a police station, at which point you will probably be asked to take a blood or breath test to determine the level of alcohol (or other intoxicating substances) in your bloodstream. Again, you have the right to refuse this test, but doing so will lead to an instant license disqualification and will almost guarantee that a DUI arrest turns into losing your license to drive for a period of months, possibly a year.

Richard Jacobs

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