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Process of a DUI arrest

  • An officer stops a vehicle at a roadside safety check or for probable cause, reasonable suspicion or unusual operation.
  • The officer observes the driver and requests a driver’s license, vehicle registration and proof of insurance.
  • If the officer suspects the driver is under the influence, the driver is asked to submit to field sobriety tests.
  • If the officer does not suspect the driver is under the influence, the driver is released without any applicable violations.
  • If the officer has probable cause based on the field sobriety tests, the driver is placed under arrest for DUI and taken to the police station. The driver is asked to submit to chemical testing of breath, blood, urine or other bodily substance.
  • If tested, the driver who has a BAC of more than .05 but less than .08, a THC of less than either 5 nanograms or more per milliliter of whole blood or 10 nanograms or more per milliliter of other bodily substance, and no drugs found in his/her system, no statutory summary suspension will apply; however, the associated DUI charge will remain until appropriate action is taken by the court.
  • If the driver refuses to submit to or fails to complete chemical testing, a statutory summary suspension will be imposed. If the driver is a first-time DUI offender, he/she may be eligible for a Monitoring Device Driving Permit. (See page 18.) If the driver is a repeat DUI offender, he/she may be eligible for a Restricted Driving Permit (RDP).
  • If the driver’s test results show a BAC of .08 or more; a THC of either 5 nanograms or more per milliliter of whole blood or 10 nanograms or more per milliliter of other bodily substance; or any trace of a drug (other than cannabis), illegal substance or intoxicating compound, the driver will be issued a law enforcement sworn report notifying the driver of a statutory summary suspension.
  • If the driver’s license is valid, a receipt is issued, allowing driving for 45 days.
  • Drivers may obtain additional testing at their own expense; the results are admissible in court.
  • The offender is required to post bond and may be detained until bond is posted.
  • The offender’s vehicle may be towed, impounded or seized.

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