DUI arrests typically occur after an officer stops a driver and has cause to believe the person is driving under the influence or is impaired. After a stop is made and field sobriety tests are conducted, the driver is placed under arrest and the criminal process begins.
When May an Officer Arrest Someone for DUI?
An officer performing a traffic stop can arrest a driver for DUI in the instances listed below.
• Probable cause: If an officer believes or sees that someone has committed an offense, they may make an arrest. For instance, if the officer believes that a driver is under the influence because they smell alcohol or notice empty bottles in the car, an arrest may be made based on the likelihood of DUI.
• Lawful stop: If an officer has probable cause to believe the driver is guilty of DUI, they must prove that they didn’t stop the person randomly. The officer must have proof that the person committed an offense to bring about the need for a traffic stop. A DUI Lawyer in Beaver Dam WI can dispute the lawfulness of a traffic stop.
• Existence of an arrest warrant: An officer can put a driver under arrest after a traffic stop if they have a warrant issued by a magistrate or judge.
After the Arrest
Four stages occur after an officer makes a DUI arrest. First, the driver is taken to jail, a police station, or hospital for a chemical test to measure their BAC. Drivers may be subjected to either a blood or breath analysis. While breath testing results are available immediately, blood test results come from a lab. Next, the driver loses their license immediately. After all testing is done, the driver is booked into the county jail and held for a few hours. After release, the officer completes a report and submits it to the prosecutor. Upon review, the prosecutor’s office either charges the driver or declines the charges because of insufficient evidence.
Should a Client Call an Attorney Following a DUI Arrest?
There are many aspects of a case to be disputed in court, and it is wise for a defendant to Visit the Website and have a lawyer on his or her side. Anything from improper procedures to police mistreatment can be brought up in court, and a DUI Lawyer in Beaver Dam WI can help a client win the case based on such a procedural aspect.