DUI arrests typically occur after an officer stops a driver for a traffic violation and gains probable cause to believe the person is impaired. After a stop is made and field sobriety tests are conducted, the criminal process begins once the driver is placed under arrest. Read on to learn about the role of DUI attorneys in Egg Harbor Township, NJ.
When Can Officers Arrest Someone for DUI?
An officer can place a driver under DUI arrest under the circumstances listed below.
- Probable cause. If the officer believes that a person has committed an offense, or they see it happen, an arrest can be made.
- Lawful stop. In addition to probable cause, the officer must demonstrate that they did not randomly stop the vehicle. The officer must prove that a violation of the law justified the traffic stop.
- Arrest warrant. An officer can make a DUI arrest after a stop if they possess a valid warrant from a magistrate or judge.
What Happens Following a DUI Arrest?
Four phases take place after an officer places a driver under DUI arrest. First, the officer takes the offender to jail, police station or hospital for mandatory chemical testing to measure blood alcohol content. Breath test results are usually immediately available, while blood test results take longer. The officer then notifies the driver that their license will be suspended in 30 days, and the offender receives a temporary license.
After DUI testing is completed, the officer books the offender into the county jail. Depending on the case and the driver’s criminal record, they may be released after promising to appear in court. In most cases, drivers are held for several hours before release. The officer completes a police report and submits it to the prosecutor. Upon review, the prosecutor’s office charges the driver with DUI, or they decline charges because of insufficient evidence.
Should an Offender Call a Lawyer After a DUI Arrest?
Multiple aspects of a DUI arrest can be challenged in court, which is wise for defendants to consult DUI attorneys in Egg Harbor Township, NJ with the law office of Mark D. Kargman Esq. LLC. Anything from police mistreatment to improper procedures can bring a court challenge, and an attorney can help a client gain an acquittal based on these technicalities.
