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What Happens When You Are Arrested for DUI?

Posted by Mark A. Velez | Jun 28, 2023 | 0 Comments

When you are pulled over for driving under the influence (DUI), the specific consequences can vary depending on the jurisdiction and the circumstances of the incident. However, I can provide you with a general overview of what typically happens in such situations. Please note that what actually happens differs from jurisdiction to jurisdiction. This is why it is important you call you so we can represent you and fight for you in court.

  1. Traffic Stop: When a law enforcement officer suspects that you may be driving under the influence, they will signal you to pull over. It's important to comply with their instructions calmly and safely.

  2. Investigation and Field Sobriety Tests: After pulling over, the officer will approach your vehicle and assess your behavior, appearance, and any signs of intoxication. They may ask you questions about your activities, alcohol consumption, or drug use. Additionally, they may administer field sobriety tests (such as walking in a straight line, standing on one leg, or following an object with your eyes) to evaluate your coordination and impairment level.

  3. Breathalyzer or Chemical Tests: If the officer has reasonable suspicion that you're under the influence, they may request that you take a breathalyzer test to measure your blood alcohol concentration (BAC). Refusing to take this test may lead to additional penalties, such as license suspension or other legal consequences. In some cases, the officer may also request a blood or urine test to detect the presence of drugs or other substances in your system. If you refuse to take a chemical test, your license will be suspended for a year.

  4. Arrest: If the officer determines that there is sufficient evidence to believe you are driving under the influence, they may place you under arrest. They will read you your rights (known as the Miranda rights) and take you into custody. During the arrest, they may search your vehicle for additional evidence or contraband, following the applicable laws.

  5. Booking and Processing: After the arrest, you will be taken to a police station or a local law enforcement facility for booking and processing. This involves documenting your personal information, taking your fingerprints and mugshot, and recording details about the offense.

  6. Legal Proceedings: Following the arrest, you will likely face legal proceedings related to the DUI charge. This may involve appearing in court, hiring an attorney, and going through the criminal justice system. The specific legal process can vary depending on the jurisdiction and the severity of the offense.

  7. Consequences and Penalties: If convicted of a DUI offense, the penalties can include fines, probation, mandatory alcohol or drug education programs, community service, license suspension or revocation, ignition interlock device installation (which requires you to pass a breathalyzer test before starting your vehicle), increased insurance rates, and potentially even jail time, especially for repeat offenders or cases involving injuries or fatalities.

It's important to remember that the consequences of a DUI conviction can have long-term effects on your personal and professional life. It's advisable to seek legal counsel if you find yourself facing DUI charges.

About the Author

Mark A. Velez

Mark A. Velez My name is Mark Velez and thank you for visiting my site. I would like to take a moment to tell you about who I am and why I opened my own law practice. I was born and raised in Southern California. After completing high school, I applied at the Palos Verdes Estates Police Departme...

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