Criminal

Navigating a DUI Arrest

What to expect and how to protect your rights.

Nov 12, 2024

Driving Support
Driving Support

A DUI (Driving Under the Influence) arrest can be a stressful and confusing experience. Understanding the process and your rights is essential. This article outlines what to expect during a DUI arrest and how to protect yourself:

  • The Initial Stop: A police officer may stop you if they have reasonable suspicion that you are driving under the influence. This suspicion could be based on erratic driving, weaving, or other traffic violations.

  • Field Sobriety Tests (FSTs): The officer may ask you to perform FSTs, such as the one-leg stand, the walk-and-turn, or the horizontal gaze nystagmus test. These tests are designed to assess your coordination and balance. You have the right to refuse these tests.

  • Breath or Blood Test: The officer will likely ask you to submit to a breath or blood test to determine your blood alcohol content (BAC). Refusing this test can have legal consequences in many states, often resulting in automatic license suspension.

  • The Arrest: If the officer has probable cause to believe you are driving under the influence, you will be arrested and taken into custody.

  • Booking and Processing: You will be booked, photographed, and fingerprinted. You may be offered a phone call.

  • Implied Consent Laws: Most states have implied consent laws, meaning that by driving on public roads, you have implicitly consented to submit to a chemical test if requested by law enforcement.

  • Administrative License Suspension: Your driver's license may be administratively suspended by the Department of Motor Vehicles (DMV) even before your court case is resolved. There is often a short window to request an administrative hearing to contest this suspension.

  • Criminal Charges: You will face criminal charges related to DUI. The penalties for DUI can vary depending on the state, your BAC level, and whether you have prior DUI convictions.

  • Importance of Legal Counsel: Consulting with an experienced DUI attorney is crucial. An attorney can help you understand your rights, challenge the evidence against you, and potentially reduce the charges or penalties.

Navigating a DUI arrest can be complex. Understanding your rights and seeking legal counsel are essential for protecting your future.

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