DUI/DWI Arrest

Many times people associate being arrested with handcuffs or the physical restraint of a police officer. However, in a DUI/DWI case, the arrest actually takes place as soon as the police officer states “you are under arrest”. An arrest is really the act of a police officer exhibiting police authority over someone. It is up to the person being arrested to decide whether it will be an involuntary of voluntary arrest.

When Does a DUI/DWI Arrest Occur?

If you were pulled over by police for any traffic violation and he or she suspected you of drinking and driving the DUI investigation begins. The officer will ask you to take a field sobriety test and a chemical test (breath, blood or urine). If you refuse a chemical test, you can still be arrested for a DUI/DWI. The arrest occurs after any field sobriety test and/or chemical test.

When Does a Police Officer Have the Right to Arrest Me?

Police officers cannot arrest anyone they please – not in the United States. There are only three ways a police officer is legally allowed to place you under arrest. First, he or she must observe you committing a crime. For example, the police pulled your vehicle over for speeding. When they approached your car they noticed alcohol containers in your vehicle. They also smelled alcohol coming from inside the vehicle. They administer a breath test and your blood alcohol content measures over the state’s legal limit of .08%. The officer can then arrest you for DUI/DWI because they observed this criminal act.

The other reason a police officer can arrest you is if they have probable cause. This is a reasonable belief, based on facts and circumstances that you have committed a crime or are connected with a crime. An example of this is if a police officer stops your vehicle for a tail light that is out. Upon approaching you, the officer notices signs of alcohol consumption such as the smell of alcohol on your breath. If you refuse to take a chemical test, the officer still can arrest you for DUI/DWI based on the officer’s belief that you were drinking and driving.

One other reason a police officer may arrest you is if they have obtained an arrest warrant. This essential document is issued by a judge.

If you have been arrested of a DWI/DUI and you believe your rights were violated during the arrest process, your lawyer can help.