In such a case when a police officer has established probable cause to prosecute a DUI arrest, this article’s three step description of the initial DUI case will be very useful. We will examine what happens during your arrest, booking, and bail.
If you observe the letter of the law and interpret the legal terminology, an arrest occurs when you are in police custody and believe you no longer have the freedom to leave the area. To be very clear, when a police officer has you under his authority, he has in effect arrested you. Thus, you have been arrested if a handcuff is put on you or you get thrown into the back of the policeman’s auto.
Reasons for the arrest include being seen while committing a crime by a police officer, or the deduction of some probable cause for a committed crime. If there is a warrant out for your arrest prior to this incident, the officer may arrest you in service to that warrant. Frequently, an officer will pull someone over for other traffic violations like speeding, having expired registration tags or a broken tail light or headlight. As soon as the officer has conducted the traffic stop, there could be signs to alert him to give him probable cause for an arrest for DUI. Other situations that might cause someone to be arrested for DUI are if there has been an accident or if the police have set up a sobriety checkpoint.
Once you have been pulled over for DUI and the officer has checked your registration and your driver’s license, they will usually have you do a field sobriety test or portable breathalyzer test to help give them an early indication of your blood alcohol amount. Here you have the right to ask for getting in touch with an experienced Indianapolis DUI lawyer. Additionally, they will give some field sobriety tests that will let them judge your coordination and how the alcohol might have influenced your driving capability.
If the results of your field sobriety test, in particular the portable breathalyzer test, show a reading of 0.08% or more, most states believe this is sufficient probable cause to arrest you. But, if the results of the portable breathalyzer test come back lower than 0.08%, the officer can still arrest you if they think that you are under the influence to the extent that your driving ability is affected adversely. If you believe your arrest or the process of giving the field sobriety test was performed unlawfully or incorrectly, you should give all of these details to your Indianapolis DUI lawyer right away.
Upon your arrest for DUI, the police will drive you to police headquarters or a different central location to get you booked. The procedure of getting booked is administrative, where the police officer needs specific information about you and the arrest and does other administrative duties. They will want information as specific as the sequence of events around your DUI arrest, and as general as your biographical details. A background check will be performed to search for records of any past criminal activities. Fingerprinting and photographing will also take place. You will be searched and the police officer will take your personal effects and make an inventory of everything so when those things are given back to you, there is a record of what personal affects you had. If no one posts bail for you, the last step is placement in a holding cell at the local jail or a police station.
Bail is normally an option for individuals who wish to get out of custody by paying money. As a stipulation of this release, you swear to show up at all of your scheduled court proceedings, including arraignment, preliminary hearings, pre-trial motions, the trial and the sentencing.
Bail normally is available right after you get booked, but if there is a delay, the judge will decide whether or not to let you be released on bail. The amount of bail will be a set amount or the judge might base it on your prior criminal history, including past DUIs, how serious they are, and if anyone was hurt or any accidents occurred. And finally, on the plus side, the judge will examine your links to the community, to your family, any community organizations with which you are involved or your job. It could be a factor in lowering the bail amount.
For individuals who cannot afford the bail money, you can hire a bail bond company, which will put up a bond on your behalf with a promise that the whole amount will be paid if you fail to go to your court appearance as you have pledged to do. Usually a 10% fee (of the total bail) is charged by bail bond outfits for the service.
Sometimes judges will skip the bail and let you go on your own recognizance. As part of the tradeoff, however, you will most likely be required to not leave a certain area as your case is being prosecuted. Some factors are examined such as links to the community, your family and your job when the judge makes decisions about if he is going to release you on your own recognizance. The judge can order an immediate arrest for you if you failed to appear at your required court appearances. It is absolutely essential that you and your Indianapolis DUI lawyer go to every one of your court dates.