GETTING ARRESTED
When you are stopped by the police on suspicion of a DUI, a specific series of events follows. The police must follow legal procedures leading up to and during and arrest, and at many other stages along the way before actually placing a suspect in jail.
An arrest occurs when police take you into custody and is complete the moment you, the suspect, are no longer free to walk away from the arresting officer.
When you are handcuffed, that does not necessarily mean you are under arrest. Often times police officers will handcuff a DUI suspect in order to detain them while they search the suspect, their vehicle, or continue their investigation.
When a police officer is making an official DUI arrest, they will normally inform you with a reading of your Miranda rights. When you hear the officer start to dictate this list of your rights, you can be sure that you aren't walking away from this traffic stop without a charge or jail stay.
If you haven't already, invoke your right to remain silent. Nothing you can say at this point will do anything but harm you in the long run.
It is important to know what to do and not to do during a DUI stop and arrest. It is a good idea to familiarize yourself with the do's and don'ts, as traffic stops and arrests occur unexpectedly, and can happen to anyone.
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