DUI/DWI Arrest Scenarios

The world is full of possibilities, and many different scenarios can ultimately lead to a DUI arrest. However, if a police officer pulls you over, it is most likely for one of three scenarios:

A Crime Observed First-Hand If a police officer observes a crime in action with his own eyes—speeding that sets off a radar gun, for example, or a car blowing through a stop sign or red light—he has the right to pull that car over and conduct a traffic stop.
Probable Cause If certain symptoms or circumstances lead an officer to believe that a person is committing—or is about to commit—a crime, he may have good reason for a traffic stop. If a car is weaving in traffic, or if a person is seen leaving a bar and heading straight for their car, the observing officer may be able to claim “probable cause” as a reason to pull a car over and test for additional signs of drunk driving.
Arrest Warrant If a judge has issued a warrant for a suspect’s arrest on another offense, a police officer has free reign to stop the suspect’s car and arrest him or her at any time that the suspect is discovered.

Once you have been pulled over on suspicion of a DUI, a police officer may ask you questions about where you have been, and if you have been drinking. It is best to be polite while remaining as silent as possible.

Our DUI Attorney Understands the Flaws of Field Sobriety Tests

After questioning you, the officer may want you to submit to a battery of field sobriety tests. These tests are very subjective, and most officers have already made up their minds that you are intoxicated before they administer them. You have no legal obligation to take an FST, so it is in your best interest to politely refuse. After this, your officer may require you to blow into a portable Breathalyzer machine. While you may refuse this test as well, you may face consequences such as a suspended license.

At this point, the officer will probably place you under arrest and take you down to the station to be booked and take a blood or other chemical test to determine your BAC. Stay calm and remain silent. Once your bail is set and you are out, you will want an experienced Raleigh DUI attorney to represent your case. If you have recently experienced a DUI arrest, contact us to schedule a free consultation with a Raleigh DUI attorney today.