Arrest Process of a Milford DUI
The arrest process for any criminal charge is as specific as the charge itself. When an individual is arrested for driving under the influence, law enforcement has a protocol to follow to ensure that the arrested driver is recorded and booked properly. If you have been arrested for DUI and feel that law enforcement did not fulfill their duties correctly in the process, contact a trusted Milford DUI lawyer to begin preparing your defense and defending your rights.
Immediately Upon Arrest
The initial stop occurs on the side of the road and once the individual suspected of DUI is pulled over and arrested, they will be placed in handcuffs, put in the back seat of the police cruiser, and taken to the police department. The police department, at that point, will begin the booking process.
The booking process requires individuals to provide fingerprints, possible photographs, and basic biographical information.
Once the booking process is completed, the police will set a bond. Typically, bond will be a small amount or even a non-surety bond. Assuming it is a small amount of bond that the individual can post or a non-surety bond, which does not require them to post anything, the individual will be released.
The police very rarely will release the person on their own; instead, they typically require them to call someone to come pick them up. The arrestee is not going to be able to drive; their license is suspended for 24 hours immediately upon that arrest. Very often they need to call a third person to pick them up.
The vast majority of times, individuals are released from the police department following their arrest for a DUI. In limited circumstances where the bond is set in a large amount where they cannot post, the person would be held overnight and the following morning they would be brought to court.
At that court, the judge would review the arrest for probable cause and review the bond that is set. This first court date is what is called an arraignment. At the arraignment, the court can leave the bond as set, it can increase the bond, or it can lower the bond. If bond can be posted by the defendant, the person would be released from custody. If they are not able to post it, the individual would continue to be held until the case is either resolved or they can post that bond. The vast majority of individuals, following an arrest for DUI, will be released from custody given in the court date.
When to Contact a Milford DUI Lawyer
Anyone who is arrested for a DUI should contact a lawyer who focuses in that particular area, both in terms of the DUI and the particular area of the state where they are arrested.
The earlier you can contact a lawyer the better; the reason is that the DMV process starts shortly after the arrest. To protect all of your rights with the DMV, a request for a hearing needs to be made within a specified amount of time. It is important to do that.
Additionally, you do have the right to contact a lawyer even during the course of your arrest for a DUI. It is important that you contact a lawyer during the course of the arrest and you will be afforded the opportunity to do so prior to taking and refusing any chemical test. The reason it is important that you contact a lawyer during these processes is so that you can make an educated decision as to whether you want to take a field or chemical test or if you want to refuse such tests. It is important that you make an informed decision, so you are able to contact a lawyer during the process. It is also important that you contact a lawyer as soon as possible following your arrest, so you can ensure that all your rights are protected both at court and at the DMV.