Driving under the influence (DUI) arrests may occur at the scene of a crash. Police officers who arrive to put together a collision report may determine that one party was under the influence and may take them into state custody. Other times, people get arrested for DUI offenses during targeted traffic stops. The stop may have begun due to suspicions of impaired driving, or another issue may have caught the police officer’s attention.
As soon as a driver realizes that a police officer intends to take them into state custody, they may experience a cascade of intense emotions. Panic, fear and even anger are common emotional reactions to an impending arrest. People who know what to expect while in state custody can handle the situation as effectively as possible.
What typically occurs after a DUI arrest?
Chemical testing and other searches
Once a police officer has probable cause to conduct a DUI arrest, they may request that a driver submit to chemical testing. Under express consent laws, refusing a test when an officer has reason to request it could lead to additional consequences for the motorist.
Drivers could face an additional driver’s license suspension for refusing a chemical test. They do still have the right to refuse.
Police officers intending to transport an individual to holding facilities may conduct a search of that person’s body and belongings. They may pat a person down looking for weapons and other contraband. Other times, they may wait until they arrive at holding facilities to conduct a search.
The person under arrest does not have to provide any information to police officers after the arrest. They can invoke their right to remain silent. They also have the right to ask for the support of an attorney immediately after the officer declares their intent to arrest the driver.
An attorney can help a defendant navigate the process of securing release from state custody. They can discuss plea options before arraignment occurs. They can also help a driver evaluate different defense strategies. Some people prove that traffic stops were illegal. Others try to show that there were issues with tests that make them unreliable. Negotiating a plea to a lesser offense could also be an option.
Generally speaking, the sooner that people secure legal support after an arrest, the less likely they are to make mistakes that could limit their options later. Fighting back against DUI charges is possible, especially if people avoid implicating themselves while they are in state custody after an arrest.