Drunk Driving Arrest

Drunk driving is a serious crime and one that you’ll want to avoid at all costs. If you are arrested for drunk driving, you should immediately contact an experienced DUI defense attorney.

How you can be arrested for drunk driving
A police officer may arrest you for drunk driving in one of two ways. First, the officer may have observed that you were committing this crime. He or she can make this determination by asking you to take a breath test and field sobriety tests. If you failed these tests, you will be arrested for drunk driving.

The officer may also arrest you for drunk driving if he or she has probable cause. This means that the officer had a reasonable belief that you were drunk driving based on facts and circumstances. For instance, if the officer stopped you for speeding and upon speaking with you noticed that you had open alcohol containers in your vehicle, he or she may start a drunk driving investigation. If the officer then asks you to take a breath test and you refuse, you can still be arrested for drunk driving based on probable cause. You should also note that refusing to take a breath test results in severe penalties.

When an officer arrests you, he or she will say those ill-fated words: “you’re under arrest.” This is the time when the officer should read you the Miranda rights to remind you of your right to remain silent. The officer will then handcuff you and transport you to the police station. Basically, an arrest is when a law enforcement officer can legally prevent you from going free. Whether or not you go voluntarily is up to you, however if you use physical force you’ll also be charged with resisting arrest.

Once you are advised of your right to make a phone call, use this chance to contact a drunk driving defense attorney. The sooner you hire an attorney, the better. He or she needs to begin working on your defense as soon as possible to build your case. DUI law is complex and your attorney needs ample time to strategize a solid defense.