GETTING ARRESTED FOR DUI. WHAT HAPPENS?
The Way That Your DUI Case Will Proceed:
The beginning of the legal process is the arraignment. Also, the Georgia Department of Driver Services(DDS) will have a civil case pending against you. So that you can return to school, work or any of your other commitments, our office can be there for you on Monday morning. It does not violate your terms of release or your bond, when we appear for you.
The Process Of Arrest:
It is by a stop of some sort by a criminal law enforcement officer that a DUI arrest begins. You must always remember that you do have constitutional rights. An officer cannot simply for some arbitrary or random reason simply initiate a traffic stop. There has to be some sort of articulable and reasonable suspicion that some sort of wrongdoing exists. This means that for just any reason the Atlanta Police cannot pull you over. There must be a legitimate one that they have in order to make the stop.
When an officer allegedly sees a traffic offense such as:
- Failure to maintain lane,
- Aggressive driving
- Weaving within a lane
- Violation of a stop sign, or
- Some form of reckless driving happening,
- Articulable Suspicion is established.
Any of these offenses give the officer a firm basis to pull the vehicle over. In addition, when there is a fault accident that happens, many cases start. And an accident being caused is sufficient reason to begin a DUI investigation.
In addition, at a DUI roadblock, which is a roadside checkpoint, many arrests will occur. The police however, cannot simply at any place and at any time implement a roadblock. An exception to the United States Constitution 4th amendment is a roadblock. This exception means that the rule would not permit drivers to be stopped unless there is sufficient cause to do so.
The result of this is that to protect the driver’s rights, the exception should be narrowly drawn. An Atlanta DUI attorney with sufficient experience will know how best to challenge the roadblock’s legality which then resulted in your arrest being made. We never simply make the assumption that the roadside checkpoint was in fact implemented legally.
The standard necessary to arrest a person is Probable Cause. This basically means that sufficient evidence that a crime has happened exists. This is not beyond a reasonable doubt evidence, which is what must be proven to find one guilt of commission of a crime. For them to establish probable cause, the police look for some manifestations of DUI that might include any of the following:
- Swaying or trembling
- The odor of alcohol
- Unsteadiness on feet
- An admission of drinking
- Leaning for support against a vehicle
- Bloodshot, red, glassy or watery eyes
- Difficulty exiting the vehicle
- A flushed face
- Slurred speech
- Difficulty retrieving wallet and/or license
- Confusion or difficulty following directions
- A disheveled appearance
- Slow to respond to questions
To establish probable cause for arrest, Field Sobriety Testing is commonly used. The National Highway Safety Traffic Administration(NHTSA) created these tests in order to assist police officers to establish probable cause to place under arrest those DUI suspects they encounter. If you or someone you know have been charged with DUI, contact our Law Firm today.