DUI arrest is a legal term used to refer to any DUI or driving under the influence arrest that happens in the field. By “field,” we mean anywhere along the lines of a busy highway or interstate – in other words, any situation where you might be able to just pull over and get off. It is an arrest that occurs out in public, usually involving an automobile. An arrest for DUI does not just happen in the parking lot of the local courthouse, it often happens right on the side of the road with all the cars rushing to get away from the DUI suspect.
DUI arrest happens when the driver of the automobile does not meet the minimum requirements of their driver’s license. The state decides what is required for a driver to drive legally. If the officer saw that the driver had been drinking, they can easily administer an alcohol test. If the test was positive, the driver will likely be arrested.
The DUI arrest takes place when the officer suspects that the driver is driving under the influence. Most likely, the officers will ask for a chemical test or breath test. These are to determine the alcohol content in a person’s blood or urine. Sometimes, however, the refusal can turn out to be alcohol-related. For example, a refusal to take a chemical test could indicate that the driver is using illegal drugs.
The next step is the administrative proceeding. This involves a formal notice of refusal. The accused driver will be given a chance to challenge the circumstances that led to his arrest. The hearing may be informal or formal. In informal proceedings, the DUI arrest will be postponed if the defence can prove that the police complied with the legal requirements. If the accused does not have enough evidence to back up his claim that the DUI arrest was unjustifiably made, he may be granted a hearing within three months.
The accused driver may also request an administrative hearing after he receives a notice of refusal. This allows him to try to receive a reinstatement fee for the time he was suspended. The suspension lasts until the case is settled. If the case gets settled, the suspension is lifted and the license can be renewed.
A DUI suspect has the right to request an administrative hearing before his appeal hearing. This allows him to prove that the police had reasonable suspicion to arrest him. The DUI officer has to show that he had a reasonable reason to stop the driver. The procedure for checking reasonable suspicion is much different than the procedures for testing for actual DUI.
During the DUI arrest, the arresting officer should allow the driver to quit the vehicle. If the driver does not cooperate, the officer can decide to arrest the individual. He may notify someone else to pick him up. He can then notify the motorist that he will be arrested and take him to the station. After a few minutes, the driver can leave or continue driving.
The DUI suspect still has the right to a defence lawyer. The lawyer can check to see whether the police followed all of the proper procedures when they stopped the person. They can also argue against any charges that were brought against the driver. It can be hard to defend a DUI arrest. A skilled DUI lawyer can make sure that the driver does not lose his driver’s license and pay fines.
Most DUI arrests occur at night when driving is especially risky. To avoid this type of arrest, many people choose to simply take a vacation rather than driving while intoxicated. Unfortunately, many people are caught drinking and driving during the day, and end up with multiple DUI convictions on their record. An experienced DUI arrest attorney can help a person who was arrested for DUI because of this type of situation.
Field Sobriety Test
If the driver refused to take a field sobriety test or refuse to take a breath or blood test, the arresting officer can arrest them without probable cause. This is one of the most common reasons for a DUI charge. People who refuse to take these tests are guilty of DUI regardless of whether they are guilty of driving while intoxicated or not. People who refuse to take a field sobriety test may face more serious charges down the road such as assault.
DUI arrests often occur on the side of the road or in a parking lot when a DUI suspect is being chased by other drivers. These DUI arrestees are guilty of DUI, whether they are driving or not, even if they were not paying attention and failed a field sobriety test. If you have been arrested for DUI, contact an experienced DUI arrest attorney right away. DUI charges can be very serious, but if found innocent, they can be dramatically reduced.