What To Expect After Being Arrested For A DUI
“Getting pulled over by the police is always stressful, but if you’ve consumed alcohol, you may be worried about getting a DUI or DWI.”
Getting pulled over by the police is always stressful, but if you’ve consumed alcohol, you may be worried about getting a DUI or DWI. In this article, we will go over what you can expect if you’ve been pulled over for suspected alcohol consumption.
A Standard Field Sobriety Test
To determine if you are impaired from drugs or alcohol, an officer may ask you to do a field sobriety test. There are three different portions of a field sobriety test, the horizontal gaze nystagmus test, the walk-and-turn test, and the one-leg stand test.
Nystagmus is an involuntary jerking of the eyeball that occurs when the eyes track an object that moves side to side. In a person impaired by alcohol, when tracking an object moving horizontally in their field of vision, their side-to-side gaze will demonstrate significant jerking. An officer simply moves their hands in a side-to-side fashion and asks the individual to follow their fingers or a small flashlight or pen.
In the walk-and-turn test, the subject is directed to take nine steps in a heel-to-toe fashion (touching their toe with the heel of the foot that is being placed forward), then turn on one foot, and come back in the same manner.
In the one-leg stand test, the person is told to stand with one foot approximately six inches off the ground and count aloud by beginning with 1,000 (e.g., 1,001, 1,002, etc.) until the officer tells the person to put their foot down.
During these tests, the officer will be watching for signs of impairment, such as eye jerking, poor balance, or issues with following directions. If you fail these tests or refuse to take them (which is your right), you will likely be arrested.
A Blood-Alcohol Test
In addition to a field sobriety test, the police officer may ask you to take a breathalyzer test. Traditionally, portable breathalyzer tests (PBTs) used semiconductor oxide sensors to measure a person’s blood alcohol content. The officer will have you blow into the breathalyzer to measure your BAC. If you refuse the test, the officer will likely arrest you and take you to jail.
If an individual is arrested for a DUI-type offense, the arresting officers have the responsibility to remove the individual from the situation and get them off the road. If you are arrested, you will have to go through the booking process, which starts with collecting vital information, such as your name, address, and alleged crime. You will also get a mugshot, and the officer will take your fingerprints. Any clothing and personal property you are wearing may be confiscated and replaced with a jail uniform. Once you have gotten through your booking process, you will be put in a holding cell until your hearing or until bail has been posted.
In most instances each crime has a set bail amount in place, however, for lesser crimes, you could be released on your recognizance. Although, most times, you will wait for your court hearing to find out if you qualify for bail and how much it will be. Many different factors go into your bail amount or if you qualify for bail. If bail is approved, the judge may set conditions, such as avoiding alcohol, going to addiction classes, or taking urine analysis tests.
If you are released on bail, you will still need to attend your trial. If you skip out on your trail, you will forfeit the bail money you posted and you will then have a warrant out for your arrest. The bail bond agent will then be tasked with getting you back in jail.
During your trial, the DA will be trying to prove that you are guilty of driving under the influence and they will use things such as your field sobriety test and BAC as evidence. If you are then found guilty, you could face jail time and fines. If you attend your hearing and comply with conditions, your obligation to your bail bondsman will be satisfied.
Being detained is frightening, luckily, most people can get out on bond. We are here for you 24/7 at Angels & Outlaws. Give us a call if you need us!