Knowing When a DUI Arrest is Legal

You were driving home after a party at a friend’s place when a police officer stops and questions you. The officer asks you to submit to field sobriety tests or perhaps a breathalyzer test. There is no reason to consider it as an arrest based on driving under influence (DUI) until the officer mentions the same.

If the officer does say that you are under arrest, and takes you to the police station, you need to get in touch with a DUI attorney immediately. When does an officer do this? Certain circumstances make it possible for an officer to stop and arrest you for DUI.

A police officer can make an arrest if he/she observes you committing a crime. Suppose you jumped a red light or abruptly changed lanes while driving. Such erratic behavior may rouse enough suspicion in an officer to stop you for questioning. If your breath test shows more than permissible limit of alcohol, the officer may arrest you.

A police officer can make an arrest if he/she has a ‘probable cause’. If the officer is acting on good faith, and his observations or factual evidence suggest drunk driving, he/she may arrest you. If you smelled of alcohol and there were bottles of alcohol on the backseat, it may be enough evidence for an arrest.

A police officer can make an arrest if he/she has an arrest warrant. If there were existing charges of DUI against you, the officer may get an arrest warrant from a judge or magistrate for this.

After an arrest, the officer needs to make sure there is no violation of your rights – like the right to remain silent. Any failure in this regard may make the whole procedure unlawful, and you may get a dismissal. Competent Miami DUI attorneys know the right way to challenge the legality of your arrest at the initial stages.

Not all arrests are lawful. It is better not to challenge the legality of an arrest while you are facing it. Any legal battle is better fought at court. Moreover, a legal practitioner has the necessary knowledge and expertise to do this right.

All you need to do is find a DUI attorney proficient in the state laws and experienced in handling such cases to ensure effective defense. If challenging the legality of the arrest does not work, your attorney would know the next step to take regarding your defense against the charges.

Dave Watson, a legal columnist working with a magazine, offers practical suggestions for handling drunk driving law issues. If you are looking for Miami DUI Attorneys for consultation, she recommends you to visit http://www.miami-criminal-lawyer.net/ .