Police Conduct For DUI
What is 'probable cause' as it applies to a DUI?
Are police DUI checkpoints constitutional?
What is suppression of evidence in a DUI case?
In a DUI case, suppression of evidence refers to a situation where a person was either pulled over or arrested without a probable cause. The police have to justify why they pulled you over and why they arrested you, and in court you are entitled to have a hearing where you can challenge whether or not the police had justification for doing those things. Typically at that hearing, called a 'suppression hearing', there will be testimony from the police officers, sometimes testimony from you or witnesses at the scene, and a judge will make that decision. If the judge determines that the police did not have probable cause to pull you over or arrest you, then typically the judge will throw evidence out of court and often will dismiss the entire case.
Are field sobriety tests considered constitutional searches?
Field sobriety tests are considered constitutional searches. However, unknown to many people, field sobriety tests are voluntary. That means the police cannot require you to do them. Oftentimes, the police will not tell you that they're voluntary, but in fact they are, and I advise people not to perform them.
If I am arrested for a DUI do I have to spend the night in jail?
Typically, the police would want to detain you in jail at least until you sober up. Sometimes people are released very quickly. Other times, people do spend the night in jail. Sometimes people spend several days in jail before they either post bail or appear before a judge.
What is 'bail' and 'bond' in a DUI case?
Bail, in the context of a DUI arrest, is a deposit that you place in order to be released from jail. It's a refundable deposit. That means if you show up to all of your court appearances, then at the end of the case, the judge will exonerate the bail and refund your money to you. If you fail to show up for court, or fail to appear for any of your required court appearances, then your bail will be forfeited and you will lose the money. It's money that you put down in good faith, so to speak, to assure that you will appear in court.
After I have been arrested for a DUI, when am I formally charged with the crime?
What is the standard amount of bail in a DUI case?
The standard amount of bail in a Driver Under the Influence (DUI) arrest can range anywhere from around $250 at the low end to in excess of $50,000 at the high end. However, this cost really depends on whether there are prior DUI convictions, and in particular whether there was an accident in which somebody was injured. If it's a multiple offense, or if the DUI caused injuries to third parties, then the bail will be considerably higher.
