In the eyes of the law things that occur prior to the time of arrest and things that happen after carry varying weight. Therefore, it is important to understand the point in which an arrest actually occurs. When is a person considered under arrest? Is it when they are handcuffed? Put into the squad car? When they are fingerprinted and booked at the station?
There are a number of long term ramifications as well. A DUI conviction can mean forced alcohol education classes (paid for out of pocket), years of probation, the loss of your driver's license (either temporarily or permanently), more expensive insurance or dropped coverage and possibly having to have an ignition interlock device installed on your vehicle. Being convicted of driving under the influence can also cause you to have restrictions on your ability to travel out of the country or even out of your home state. Some people even lose their jobs because of their DUI convictions.
If an individual is pulled over while driving by a police officer for any routine traffic offense and that officer perceives that there is probable cause to suspect that the individual has been drinking (say there are empty beer cans in the floorboard of the car), then they may have the person step out of the vehicle. They may handcuff the individual or have them sit in the squad car while they search the vehicle but the individual still is not under arrest.
The police officer will then ask the individual to submit to a field sobriety test and/or a breath analysis test. Once the tests have been administered, the police officer will decide whether or not to arrest you for driving under the influence. However, even if you refuse to take these tests you can still be arrested for driving under the influence. In fact, you will face even more serious charges if you refuse to comply under the Implied Consent Laws of your state. Probable cause that an individual has committed or has been involved in the commission of a crime is enough legal ground for a police officer to arrest that individual. This is why you can be arrested for driving under the influence even if you refuse to take a field sobriety test or chemical test. If the police officer has probable cause based on observational evidence that you have been drinking, then that is sufficient.
On the other hand, if a police officer asks you to submit to a field sobriety test without probable cause then they stand in error in the eyes of the law, even if a chemical tests determines that your blood alcohol content was, in fact, over the legal limit. If it is determined that the police officer did not have probable cause then your entire case may be dismissed by the judge. This is one of the reasons that hiring a highly knowledgeable attorney who specializes in DUI cases is so important. TheFort Lauderdale Dui Attorney deal with the intricacies of DUI arrests and convictions on a regular basis. If the arresting officer in your DUI case didn't have sufficient probable cause, then a good DUI lawyer will be able to get the charges dropped.
There are a number of long term ramifications as well. A DUI conviction can mean forced alcohol education classes (paid for out of pocket), years of probation, the loss of your driver's license (either temporarily or permanently), more expensive insurance or dropped coverage and possibly having to have an ignition interlock device installed on your vehicle. Being convicted of driving under the influence can also cause you to have restrictions on your ability to travel out of the country or even out of your home state. Some people even lose their jobs because of their DUI convictions.
If an individual is pulled over while driving by a police officer for any routine traffic offense and that officer perceives that there is probable cause to suspect that the individual has been drinking (say there are empty beer cans in the floorboard of the car), then they may have the person step out of the vehicle. They may handcuff the individual or have them sit in the squad car while they search the vehicle but the individual still is not under arrest.
The police officer will then ask the individual to submit to a field sobriety test and/or a breath analysis test. Once the tests have been administered, the police officer will decide whether or not to arrest you for driving under the influence. However, even if you refuse to take these tests you can still be arrested for driving under the influence. In fact, you will face even more serious charges if you refuse to comply under the Implied Consent Laws of your state. Probable cause that an individual has committed or has been involved in the commission of a crime is enough legal ground for a police officer to arrest that individual. This is why you can be arrested for driving under the influence even if you refuse to take a field sobriety test or chemical test. If the police officer has probable cause based on observational evidence that you have been drinking, then that is sufficient.
On the other hand, if a police officer asks you to submit to a field sobriety test without probable cause then they stand in error in the eyes of the law, even if a chemical tests determines that your blood alcohol content was, in fact, over the legal limit. If it is determined that the police officer did not have probable cause then your entire case may be dismissed by the judge. This is one of the reasons that hiring a highly knowledgeable attorney who specializes in DUI cases is so important. TheFort Lauderdale Dui Attorney deal with the intricacies of DUI arrests and convictions on a regular basis. If the arresting officer in your DUI case didn't have sufficient probable cause, then a good DUI lawyer will be able to get the charges dropped.
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