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DUI
First Contact with Police
Field Sobriety Exercises
After Arrest
Breath Test

What happens after an arrest for DUI?

Even after one has been arrested for DUI, an officer does not stop attempting to collect evidence against the person. The officer will continue to make observations and pay close attention to what is done and said, and how one behaves while being transported to the jail. Since there is no expectation of privacy in the back of a patrol car, many times the person will be video or audio recorded.

Post-arrest police tactics and tricks

One post-arrest tactic an officer will attempt to use is trying to get statements and admissions from the arrested. A common question is: "how much have you had to drink?" People often reply "two or three drinks." The amount of drinks is not particularly relevant to the prosecutor, because the prosecutor will likely state that the person was lying anyway. What is more relevant and useful to the prosecutor is that by admitting to two or three drinks, the person admits to consuming alcohol.

Do not try to talk your way out of a DUI arrest!

When the person is arrested, an officer will likely read Miranda Rights – "you have the right to remain silent, anything you say can and will be used against you…." (The arrested should always take the advisement of the Miranda rights seriously, invoke the right to remain silent, and not speak without an attorney present.)

After a person has been arrested for DUI they will not be able to talk the officer in to letting them go, so trying to bargain or "talk your way out" of the arrest will not work. Also, threatening the officer will gain nothing other than the possibility of an additional charge. As hard as it may be, sitting silently in the back of the vehicle is the best possible thing that can be done.

Beware, you're being watched in the back of the police car!

Another key piece of evidence the officer will be taking note of while transporting a person to jail are the actions and behavior of the person while in the back of the patrol vehicle. Is the person calmly sitting there or wildly thrashing about? Acting crazy and irrational will likely be used as evidence that the person was under the influence of drugs or alcohol. Likewise, if the person falls asleep or passes out in the back of the vehicle, the prosecution will say this was because of impairment.

There are cameras in the jail recording everything

All of the above applies when the person exits the vehicle once at the jail. The ability to get out of the back of the vehicle, the ability to walk, and the ability to follow instructions when walking from the vehicle through the jail sally port (street entrance to the jail) and into the booking area will be noted and recorded on video. The jail video can often provide damning evidence for the state or potentially great evidence for the defense depending on the person's behavior. (The jail video is recorded over and it must be requested within 30 days of arrest.) The arrested person will likely be sitting on a bench in the booking area for approximately 20 minutes while waiting to take a breath test. During this time there are cameras pointed directly on the person and every action is monitored and recorded.

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