There are many different circumstances that allow police officers to arrest a person under suspicion of driving under the influence in Delaware. Understanding your rights and being prepared for how to respond when you are pulled over for DUI, will make this difficult situation somewhat easier. If you have already been charged with or arrested for DUI, however, it is your responsibility to schedule a consultation with an experienced DUI lawyer immediately to discuss all of your options.
Delaware state law enables the police officer to arrest a person for driving under the influence. Officers do not have to have a warrant for arrest for DUI. However, an officer must have what is known as probable cause to arrest a person for a DUI offense.
An officer must be able to establish probable cause and then the officer is responsible for following specific procedures for chemical testing or field sobriety tests. Once the officer has made the decision to administer a test for determining the presence of drugs or a person’s blood alcohol content, the person has the eligibility to refuse. Implied consent laws mean that this can have implications for your driver’s license, however.
You could be arrested immediately upon the refusal of these tests, as well as when you fail a blood alcohol content test or a field sobriety test. Furthermore, you could be arrested within 4 hours of operating a vehicle while driving under the influence. Police officers often arrest individuals after a blood alcohol concentration test or field sobriety test has been failed. An officer will usually administer 2 or 3 different tests to verify that the person is indeed under the influence of alcohol or drugs.
After the officer has enough verification that the person is under the influence, he or she is arrested. Officers are also allowed to arrest and detain individuals for up to 4 hours after they discontinue their driving activity, so do not assume that simply discontinuing the use of your vehicle will mean that you can no longer be arrested for DUI. If you’ve already been arrested and charged with a crime, schedule a consultation with an experienced DUI lawyer today.
