Honolulu Dui Lawyer Discusses The Arrest, Booking And Bail

In this article, we will explain the first things that will happen when you are arrested for DUI and the police department is engaged in the process of establishing probable cause for your arrest. We will examine your arrest, booking, and bail process.

ARREST:
As defined by law, "arrest" is what happens when you are taken into police custody and held in such a way that you have lost your freedom and cannot leave. Simply put, during an arrest you will be under the authority of the arresting officer. If you find yourself in the back of a police cruiser wearing handcuffs, you are under arrest. A police officer can arrest you if he/she has witnessed you committing a crime or has established probable cause. If a warrant has been issued for your arrest and the police decide to act on that warrant, you may end up getting arrested also. Often a police officer will stop someone for breaking other traffic laws like driving with an inoperative headlight or taillight, speeding, or having invalid registration tags. After the officer has stopped you, s/he may notice certain red flags that indicate there is probably cause for an arrest for DUI. Other situations that could cause somebody to get pulled over and arrested for DUI include having a traffic accident or the being stopped at a sobriety checkpoint by police.

First, the officer will pull you over. Next, you will be asked for your license and registration. Following that, you will probably have to take a field sobriety or breathalyzer test. These tests will provide information as to the alcohol content of your blood. During this period, you can and should request a contact with an expert Honolulu DUI lawyer. The police will also probably ascertain how much alcohol you have imbibed with a sobriety test in order to figure out how impaired you were when you were driving. The majority of states believe that a blood alcohol level of .08% or more by breathalyzer is probable cause for arrest. Even if the breath test results are under .08% the officer may detain and arrest you for other indicators that you would not be able to drive safely. Tell your Honolulu DUI lawyer immediately if you think that your arrest or the field sobriety test was done in a manner that violated your rights.

BOOKING:
After your arrest for DUI, the police will bring you to police headquarters or another central site to book you. The process of getting booked is administrative, in which the police officer gets detailed data concerning you and the arrest and carries out other administrative functions. You must record all personal information, such as the circumstances and facts surrounding your arrest for DUI. They will look through any records containing your criminal history as well. They will take your picture and fingerprints. The police officer will search you and take your personal property. An inventory will be created and this property will be returned to you when you are released. Finally, you will be placed in a police station or jail holding cell where you will remain until you are released on bail (if bail is set).

BAIL:
Bail is normally open to individuals who desire to pay money to get out of custody. In order to comply with the terms of this release, you are obligated to attend all scheduled court proceedings: arraignment, prelim hearings, pre-trial motions, the trial itself, and sentencing.

Bail generally is available right after your booking, although in the case of a delay, the judge will decide whether to let you be released on bail or not. Here are some factors that will determine the amount of your bail: Do you have a past history of criminal behavior? Do you have other DUI arrests? If so, were these serious instances involving accidents and/or injuries? On the positive side, the judge will look at your community ties, your family, any community groups you participate with, and your employment. That could help in lowering the total bail.

People who are unable to afford bail can go to a bail bond company. This company will post bail for the person in exchange for a promise that the person will show up for his or her court date. Typically a bail bond company will charge 10% of the bail amount as their fee. In some cases, you can be released by the judge on your own recognizance, which doesn't require bail. It normally comes with some restrictions such as the judge requiring you to remain in the area when your case is active. Here are some of the things that the judge will review when deciding whether or not you may be released on your own recognizance: Are you employed? Do you have family ties? Do you have community ties? The judge can order that you be arrested immediately if you fail to appear as promised at your court hearing. The most important thing to do is to attend all your court dates with your Honolulu DUI lawyer.