In almost every country in the world, driving while under the influence of alcohol is illegal. Arrest laws for DUI in the United States include procedures for roadside dexterity or breath tests, blood alcohol tests, protocols for transporting drunken prisoners, impounding and searching a drunken driver's vehicle, and rules regarding bail, release, and arraignment.
Blood-Alcohol Content
Blood-alcohol content, or BAC, is a measurement of how much alcohol is in a person's blood. DUI arrest laws set BAC limits. Any driver whose blood tests over the statutory BAC limit is presumed to be legally impaired. Drivers with a BAC under the legal limit may also be charged with drunken driving, but the prosecution must prove that the alcohol in their blood actually impaired their functional driving ability.
Global BAC Limits
States within the United States originally had widely varied legal BAC limits. However, federal law enforcement funding programs successfully encouraged all 50 states to adopt a legal BAC limit of 0.08. Around the world, BAC limits are different in each country. Muslim countries tend to have a functional BAC limit of zero, because the Islamic religion on which their laws are based prohibit consumption of alcohol. According to data gathered by Drive and Stay Alive, Inc., the limits in other nations range from 0.00 in Czech Republic and others to 0.15 in Swaziland.
Reasonable Suspicion
A DUI arrest begins when some action by the suspect gives the officer reasonable suspicion to investigate the offense of driving while intoxicated. This reasonable suspicion may be the officer's observation of a person weaving unsteadily from a bar and climbing into a car, or when the officer pulls a driver over for crossing the center line or failing to stop at a stop sign and then detects alcohol on the driver's breath.
Roadside Tests
Under most states' laws, once a police officer has reasonable suspicion to investigate a DUI, she may request that the driver either engage in roadside dexterity tests, or provide a breath sample to a portable breath alcohol analysis device. DUI arrest laws in most states require compliance with these investigation requests. If the driver refuses to comply, he usually forfeits his license immediately and invokes an automatic presumption of driving while intoxicated.
Transporting Drunk Persons
Each state has laws, and most police departments have written procedures, for securing and transporting drunk people who are under arrest. Intoxication can be dangerous and lead to death from sudden heart attack, falling when blacking out or choking on vomit. Police officers are trained to observe drunken drivers and to seek medical attention for them when necessary.
Car Seizure
DUI arrest laws generally require police to remove the drunken driver's vehicle to a safe location. This usually involves having it towed to a police impound yard. The driver is responsible for towing and impound fees before the car will be returned. Police may also lawfully search a motor vehicle seized in conjunction with a DUI arrest in order to inventory its contents.
Bail and Release
Like all persons under arrest, drunken drivers are entitle to a prompt hearing on bail. However, most DUI arrest laws do not permit police to release an individual until he is sober, even if bail has been met. Some local laws and procedures permit police to release a drunken driver to a sober adult who is willing to sign a statement indicating she is aware the person is in a drunken state and takes full responsibility for them.
Tags: arrest laws, driving while, drunken driver, driver vehicle, driving while intoxicated
