A DUI arrest can occur in a variety of ways. Because a defense can often successfully show an arrest was improper, it’s good to know what the officer does before and after the arrest has been made. You will have your day in court for a defense. This blog guide can help you with the basics of what occurs and how a defense will be made. For further information, contact an experienced DUI lawyer.
What is an arrest?
An arrest is not so obvious as to be ignored when preparing for a defense. It occurs when you have been taken into police custody and you are no longer allowed to leave. In other words, the cuffs are on and you can’t go home just yet. You should never resist an arrest: this just hurts your case. Allow yourself to be arrested. You will be able to make a defense in court, especially if the officer acted wrong.
When They Can Arrest – The Crime
Here, the officer has seen you commit the crime. This is of course quite common in criminal law. For a DUI case, it might be the officer seeing you are drinking alcohol while driving. If they pull you over and see further evidence of drinking – cans on the floor and alcohol on your breath – the arrest is always made and is technically correct.
When They Can Arrest – Probable Cause
In this situation, the officer has reason to believe you’ve been drinking. It’s perhaps the most common occurrence, because if you’re driving erratically, the officer can pull you over. For example, an officer sees you crossing in and out of lanes, decides to pull you over, and upon a breathalyzer clearly sees you are driving under the influence.
When They Can Arrest – The Warrant
This does not occur as often as the other cases. When an arrest warrant is issued for you, that means a judge has signed a legal document allowing for your arrest, based usually on the testimony of an officer.
Your Right to a DUI Defense
You have the right to defend based on any of these circumstances. Just testing positive for alcohol or drugs does not mean an “open and shut” case where you’re punished. Yes, most DUI charges come with some penalties, but quite often an experienced lawyer can put holes in the prosecution’s case. For example, the arresting officer may have broken your constitutional rights in some way, perhaps pulling you over only because you were a minority, or never explaining your rights to you. There are many other examples beyond the officer making a mistake – such as how close the blood alcohol content level is to the limit – and a DUI lawyer can help.