Alabama drivers who display impaired ability or who seemingly fail tests administered by police officers could end up arrested for a driving under the influence (DUI) offense. Many people feel incredibly anxious when they face accusations of breaking the law and might make the wrong choices when dealing with the aftermath of an arrest.
What do motorists accused of impaired driving need to know about a DUI arrest?
An arrest can lead to secondary penalties
Once a police officer has a justification to take someone into state custody, the driver can no longer decline chemical testing without risking secondary penalties. Refusing to perform a breath test after arrest violates Alabama’s implied consent law.
Drivers may be subject to an administrative license suspension
The courts can sentence someone to a license suspension, but someone can lose their driving privileges well before their trial. The state can suspend someone’s driver’s license for a DUI arrest 45 days after their arrest unless they act within 10 days of their arrest to prevent this step.
Discussions after arrest can affect the case
Many people realize that they cannot talk with police officers about potentially criminal activity without implicating themselves. However, they may not worry about discussing their arrest or conduct prior to arrest with others currently in the same facility.
Release is contingent upon arraignment
If the state decides to charge someone with a DUI offense, they typically remain in state custody until they have an arraignment hearing in front of a judge. At that point, the judge informs the defendant of the specific allegations, accepts their initial plea and sets the terms for their release.
Many DUI arrests lead to guilty pleas
The average person feels incredibly anxious about the prospect of going to trial to defend against DUI allegations. The vast majority of those accused of drunk driving in Alabama do not attempt to prove their innocence and instead decide to plead guilty. They then have a criminal record and are at risk of whatever penalties the courts decide to impose.
Knowing what to expect during and after a DUI arrest can help people reduce the negative impact of an encounter with a police officer. DUI arrests are often embarrassing and stressful, but they do not necessarily always lead to someone’s conviction.