The DUI Process
The DUI process and arrest are usually as follows: You are pulled over for any traffic violation (failed to stop, broken taillight, etc.). The officer will approach your window and ask you for your license, registration, and insurance. During this initial contact, if the officer believes you show any objective symptoms of intoxication, the officer will begin the investigation. The officer will conduct a series of tests including field sobriety tests in order to determine your impairment. This will include submitting a breath sample at the scene. If the officer believes you under the influence of drugs or alcohol than you will be placed under arrest.
At the station, you will then be asked to provide another breath sample. This breath sample must be taken within three hours of the time of driving, and the officer must observe you for 15 minutes prior to providing a sample. This is the evidentiary test that will be used to determine your blood alcohol content (“BAC”). If your BAC is .08 or more, you will be booked be booked for driving under the influence of alcohol. If the officer believes you are under the influence of drugs you may be asked to either submit to a blood test or urine test.
The DUI process of arrest and booking can take over 5 hours. In most cases you will be released on your own recognizance with a citation to return to court on a date in the future.
The arresting officer will confiscate your driver’s license. He/she will provide you with a temporary license. This is typically a pink sheet of paper with instructions on how to request a DMV hearing. Failure to request a DMV hearing within 10 days of the arrest will result in the automatic suspension of your license.
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