Under DUI Arrest

If you were recently placed under arrest due to DUI, it is important to contact an experienced defense lawyer immediately. A DUI conviction is punishable by expensive fines, jail time, probation, and the suspension of driving privileges.

An arrest is classified as a seizure by the Fourth Amendment. Because of this, the procedures that a police officer uses to make an arrest must comply with the protections that are guaranteed by the Fourth Amendment. Failure to do so makes the arrest invalid, or the evidence and/or confessions made after the arrest are inadmissible in court. Generally, there must be an arrest warrant based on probable cause before a legal arrest may be made.

There are some cases in which a warrantless arrest may be made. If a crime is committed in a public place and the officer has probable cause to believe that it was committed by the suspect, he or she may be placed under arrest.

When making an arrest, the police officer does not have to make a formal statement informing the suspect that he or she is under arrest. Touching or putting hands on the subject, indicating that the suspect is being taken into custody, or getting the consent of the person who is being arrested is considered adequate.

How does this apply to a DUI arrest? In order to pull over a driver on suspicion of drunk driving, the officer must have probable cause. If the suspect is driving erratically, running stop signs, or swerving, the officer has cause to make a traffic stop.

In many cases, a DUI offense is committed by having blood alcohol content (BAC) over the legal limit. After the stop, the officer will ask the driver to take a breath, blood, or urine test. If the driver tests over the legal limit, the officer has evidence that a crime has been committed. The officer may then place the driver under arrest.

After an arrest is made, the police officer must inform the suspect of his or her Miranda Rights. This includes the right to remain silent and the right to an attorney. If the suspect chooses to answer questions, the answers may be used as DUI evidence in court.

Have you recently been placed under arrest for DUI? Contact an experienced defense lawyer today.