Stages in a DUI Arrest

by Tyler P. A Passionate Blogger - Entertainment

When a person is arrested for drinking and driving, they may go through a number of stages. The process in itself can be very confusing for someone who has not gone through it before. This article will discuss the processes that are followed when a person is arrested for a DUI and put in jail.

It is important to note that if a driver is suspected of driving under the influence, they are constantly under observation for any possible criminal evidence that can be used against them. Law enforcement officers are trained to observe any behavior, characteristics or words that give evidence of being impaired. Once the driver has been put inside the squad car after the arrest, he or she is watched for any additional incriminating actions. This is why any good criminal defense attorney will advise that it is best to remain silent so no further evidence can be found. In addition, it is best to remain calm and peaceful and request a lawyer as soon as possible. After you have been arrested for drinking and driving you will be charged with driving under the influence.

The basic process follows these stages:

1. Breathalyzer test request - before a person is arrested some officers do a portable breath test or preliminary test so as to determine if the driver is drunk. If the driver refuses this test, their license is automatically suspended pending further action. This is applicable to states that have i mplied consen t and some states have further criminal or administrative charges if the driver refuses to give a breath test. However, if the driver agrees to the breathalyzer test a breathalyzer machine checks their blood alcohol content levels.

2. Breathalyzer test - If the results show that the driver’s BAC is 0.08 or above the driver is considered legally drunk and is almost always arrested. After being taken to the station another breath test is usually administered to confirm original readings or to make sure that a more accurate reading is registered.

3. Jail - once the second test establishes evidence of a DUI you will likely be charged for a DUI violation.

To leave jail there must be specific conditions that are met. Such conditions are put in place to ensure public safety. These conditions are verified by police officers and include the following; the driver must:

be sober with no lasting effects of alcohol in his or her system
is not a danger to the public
have normal behaviors along with their normal abilities, to include not being impaired from alcohol consumption
have BAC levels of as low as 0.05%

Some states have additional requirements, however, the release may or may not include charges for DUI violations.

It is important to get a lawyer if you are charged with a DUI violation. This allows for a quick and aggressive defensive strategy to make sure that charges are dropped, sentences are reduced or a better alternative is found rather than full conviction. Your lawyer will need to act quickly in order to preserve evidence before it is destroyed or before it is too late to preserve.

Seek a DUI lawyer under 21 for legal advice and representation.

For the best criminal defense attorney in Los Angeles the author recommends the Criminal Defence Corp.