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What Happens After a DUI Arrest

Posted on:10/4/2012
DUI is a criminal offense. For a DUI defendant, the criminal process usually begins at the time of arrest.


An arrest indicates that the police have probable cause to believe that the person being arrested has committed a crime. Probable cause means that the police officer believes there is a "fair probability" that the suspect has engaged in criminal activity - DUI. Thus, the officer doesn't have to be certain that the suspect committed a crime in order to make an arrest.


Probable cause may be developed by relying upon witness reports or observations of criminal activity or by conducting extensive police investigations into suspected illegal conduct.


Once arrested, the DUI defendant is advised of his constitutional rights. These rights include the right to remain silent, the right to have an attorney present during questioning and the right to have an attorney appointed if the DUI Defendant is unable to afford one.


The DUI Defendant is then booked, fingerprinted and photographed. As soon as possible after the arrest, the DUI Defendant is taken before a judge or magistrate and advised of the charges against him. At this time, the judge or magistrate may also make a determination concerning the pretrial release of the DUI Defendant.


Once the indictment or information has been issued or filed, the DUI defendant is brought before the court to be formally charged with the crime. This proceeding is called the arraignment.


The criminal process is complex. Seek the assistance of an experienced DUI attorney.

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