The Anatomy of a DUI Arrest


You can be investigated for drinking under the influence of alcohol or drugs when an officer asked you to pull over after you have committed a traffic violation. Another reason is there is something wrong with your car (e.g. your signal light is not working or your headlights are burnt out). It could also be as a result of an accident and a law enforcer was called to the scene. During this time, the officer will be making a report about the investigation. Usually it includes observations such as there is alcohol in your breath and that you show objective signs of intoxication. The officer will then ask you to perform field sobriety tests and in some cases an on the spot breath test. When the enforcer finds that you have violated the law, you will be arrested for driving under the influence. Learn how a San Diego DUI attorney at can help you.


After the arrest you will be going to the police station for a blood or breath test to measure your blood alcohol concentration level. If you take the Breathalyzer test, you will be charged for DUI if your blood alcohol level is 0.08% or higher. If not, and the office suspects that because of the behavior you exhibit you could be under the influence of drugs, you may be asked to take a blood or urine test.

You can refuse to take the chemical test but these has an implication. For one, you will be charged with refusal which will lead to additional penalties, suspension of your license and mandatory jail time. Depending on the circumstance of your arrest, you may be booked and then released on bail and required to appear in court on a specified date. The officer will then submit his report to the local prosecuting agency. The Prosecutor will review your case and will recommend a dismissal or formally charging you with a DUI.


When you are charged with a DUI, you have three options. You can choose to represent yourself, you can seek the assistance of a public defender or you can hire a DUI attorney. Unless you are an attorney, you are better off having someone represent you in court. You will have a better chance of getting a favorable ruling on your case if you get the expertise of an attorney who knows about DUI laws and strategies on handling DUI cases. The services of a public defender will not cost as much as that of a private attorney but then if you want a lawyer who can focus on your case and provide you with undivided time and attention, a private DUI attorney will be your best bet at getting a favorable outcome on your DUI case.