DUI Arrest

No one wants to be arrested for DUI—it is a serious crime no matter where you live. While each state’s DUI laws differ, they are all severe and that includes the penalties for a DUI conviction. That’s why if you or someone you know has been arrested for DUI, the first step you should take is to contact an experienced DUI defense attorney.

When you meet with your attorney, he or she will ask you to recount the circumstances surrounding your DUI arrest, beginning with the stop. A police officer cannot simply stop any person for operating a motor vehicle. The officer must have observed you making some type of traffic violation (speeding, swerving in your lane, etc). This is known as probable cause.


When the officer begins speaking with you, they cannot immediately start a DUI investigation without having probable cause. An example might be that they smell alcohol coming from your vehicle or notice strange behavior from you, the driver. Your attorney will ensure that the officer had probable cause to stop your vehicle and to begin a DUI investigation. If there is a lack of probable cause, your attorney may request that the prosecution’s evidence such as a chemical test result be inadmissible in court.

Your attorney will also ask you to recall the DUI investigation. For instance, did the officer follow proper protocol when administering a breath test and field sobriety tests? Was the officer trained on the breath test machine? Proper protocol may include the officer demonstrating for you how to perform a field sobriety test before expecting you to take it.

After you were given a chemical test and field sobriety tests, the question that your attorney may ask is whether or not the officer had probable cause to then arrest you for DUI. For example, if you passed the chemical test and/or field sobriety tests, you cannot be arrested for DUI.

Upon reviewing your DUI arrest, your attorney may also inquire about whether or not the police read you your Miranda rights. If police failed to follow proper protocol during any part of your DUI arrest, the prosecution may be in serious trouble.