Criminal
Navigating a DUI Arrest
What to expect and how to protect your rights.
Nov 12, 2024
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.