Driving under the influence of alcohol or any other drug poses serious dangers to road safety, as well as to the sales of one’s own liberty and property. A routine traffic stop can go awry if there is even a slight suspicion of impairment, turning the entire ordeal into a life-changing event. Every affected individual must have a reasonable amount of understanding of the ordinary stages that exist in the journey of a DUI arrest in case it ever happens to anyone unexpectedly. The exact procedure that will be followed during the DUI arrest may vary slightly, but usually, there is a pattern of a sequence of events unfolding elastically from the initial contact with the police to being held in custody.
Initial Stop and Observation
The path to a DUI arrest ordinarily begins with a traffic violation, that is, either erratic behavior on the road by speeding or failure to obey traffic signals. However, an officer can pull someone over if there is behavior consistent with impaired driving, even when he or she cannot cite violation of any traffic laws. These initial moments are all-important for observation; the officer will look for signs like the smell of alcohol, slurred speech, fumbling for documentation, bloodshot eyes, or confused answers to very simple questions. Such observations lead to the escalation of the encounter.
Field Sobriety Tests (FSTs)
When the officer has a suspicion of impairment upon making his observation he will ask the driver to perform certain Field Sobriety Tests(FSTs). These are standardized tests designed to determine balance, coordination, and ability to follow instructions- all skills affected by alcohol or drug ingestion. The more commonly administered FSTs are Horizontal Gaze Nystagmus(HGN) testing, where the officer will observe involuntary jerking of the eyes as they follow an object that is moving; the Walk-and-Turn test, where the subject has to walk heel to toe along a straight line; and the One-Leg Stand, where standing on one leg for a set period is required.
It is significant to note that most jurisdictions view FSTs as voluntary. However, refusing to perform FSTs might have consequences, such as immediate license suspension or other adverse legal consequences, depending on local laws. FSTs remain the most common tests used by law officers, and they cannot be called scientific. Besides being vulnerable to subjectivity, a negative FST result might be affected by other factors: fatigue, medical conditions, even footwear choice.
Preliminary Breath Test (PBT)
After FSTs, an officer may ask the person to undergo a Preliminary Breath Test (PBT), usually conducted with the aid of a small handheld device. This device gives an estimated reading of the individual’s blood alcohol content (BAC) at roadside. Like FSTs, the extent to which a driver can voluntarily refuse to participate in a PBT varies greatly from jurisdiction to jurisdiction, though refusal can carry equivalent consequences depending on the local laws. The differences between a PBT and an evidential breath test are that the evidential breath test is highly accurate and is only administered at a police station. The PBT, on the other hand, gives an approximate measurement and can be given at the roadside. The PBT results act as a direct link establishing probable cause for the arrest.
The Arrest
If the officer has seen enough to establish probable cause through his own observations, by the results of one or more field sobriety tests, and/or a preliminary breath test, he will then arrest the individual for DUI. The suspect will at this moment be officially told that he is under arrest for DUI. His rights will normally be read, and he will be handcuffed and taken to a police station or detention center. His vehicle will commonly be impounded unless local laws give an alternative to allow release to a sober passenger.
Chemical Testing at the Station
Once at the station, the suspect will be required to undergo chemical testing to determine, more precisely, to his actual BAC. Usually, such testing is administered by performing a breath test on a certified evidentiary breath testing machine, although the defendant may be given a blood or urine test, depending on the circumstances and the substance suspected. In most jurisdictions, there is an implied consent law, stating that anyone who drives a vehicle on a public street implies consent to a chemical test if there is a suspicion of him driving under the influence. Refusing to submit to the chemical test will subject the defendant to immediate and increased penalties, which often include suspension for a longer period of time and which lasts longer than any actual conviction for a DUI.
Booking and Detention
The individual gets booked after finishing the chemical test. Bookings involve fingerprinting, mugshots (photos), and collecting personal information. Police will then coordinate paperwork for the DUI arrest. Depending upon the jurisdiction, the seriousness of the alleged offense, and whether this is a first or repeat offense, the individual may be held in a holding cell until sober or until bail can be posted; they will be brought before a prosecutor or judge for an initial hearing. In some situations, they may be released on their own recognizance with the date for court appearance.
The whole process from a traffic stop to a detention cell due to a DUI arrest is a sobering chain of events with grave consequences. It foretell the imperative of never driving under the influence and at least having some understanding of the accompanying legal and personal ramifications thereto.
