When Should a Police Officer Arrest You for DUI

An arrest made on the suspicion of driving under the influence (DUI) is based on two preliminary tests made by an officer: the field sobriety test and breathalyzer test. The former is done to test the driver's physical balance and coordination, which are usually impaired by high amounts of alcohol. The Breathalyzer test is done to measure the most recent amount of blood alcohol concentration (BAC). If your BAC is found at .08 or higher, then the officer is authorized to make a DUI arrest.

Knowing what to do in cases like this

Officers usually tail cars moving in an unstable direction, indicating the driver has been impaired by alcohol or drugs. The Breathalyzer test is done to confirm an officer's suspicions. The officer may also observe for other signs of drinking, such as the smell of the person or a bottle of booze found beside the driver. Sometimes, an officer may arrest a person based only on facts and circumstances. This is known as probable cause of having driven under the influence. Arrests based on probable cause occur because the chemical test is not administered or done at all. The officer then uses his or her observations about the driver, such as clearly having vodka bottles in his or her car and a strong odor from it.

Other probable causes include an accident clearly caused by the seemingly drunk driver. The probable cause for arrest is strengthened with an injured victim that results from the accident.

The arrest becomes even more lawful with a valid warrant and once enough evidence has been gathered. In most cases, refusing the arrest will only make the suspect's case worse.

Being suspected of DUI is already a risk to one's reputation. The law has a clear system to get around to arresting someone if they have enough basis, so it is better to volunteer to the preliminary tests if you've been caught driving under the influence.