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When A Traffic Stop Results In A DUI/ DWI

Monday, September 20th, 2010

Flashing lights are the last thing you want to see when you may have had one too many.  Being pulled over and receiving a DUI can be a humiliating and scary experience.  What is a DUI or DWI.   A DUI or DWI (they are synonymous)  is operating a vehicle while under the influence of alcohol and/or other drugs.  These vehicles are not limited to automobiles, they include bicycles, boats, airplanes, wheelchairs and tractors.  Every state prohibits operating a motor vehicle while having a specific BAC (blood alcohol content) level.  States that refer to drunk driving as DWI are Alaska, Arkansas, Connecticut, Louisiana, Missouri, Nebraska, New Jersey, New Mexico, Texas, West Virginia and New York. While DWI and DUI essentially mean the same thing, the penalties vary from state to state. Other acronyms include: OWI: Operating While Intoxicated (Indiana, Iowa); OUI: Operating Under the Influence (Massachusetts, Rhode Island); OVI: Operating a Vehicle While Intoxicated (Ohio); DUII: Driving Under the Influence of Intoxicants (Oregon).

What to expect when you are arrested for a DUI/ DWI:

Booking:

After a traffic stop, the first stage of the criminal process of a DUI case begins an arrest.  This can follow any field sobriety tests.  An arrest can be complete when the officer simply tells the suspect that he or she is “under arrest”, and the suspect submits without the officer’s use of any physical force.  The second stage of the criminal process is when the individual is taken into police custody and booked into jail.  During this process, suspect will provide the police with personal information.  This includes name, date of birth and physical characteristics.  The officer will then record information about the suspect’s alleged crime, perform a search of the suspect’s criminal background and fingerprint, photograph and search the suspect.  The suspect will then have their personal property confiscated and the suspect will be placed in a holding cell or the local jail.

The next step for the suspect is determination of bail or remand.  If the suspect is released on bond, for most people this will involve bail.  Bail is the process through which an arrested DUI suspect is allowed to pay money in exchange for his or her release from police custody, until their trial.  This process takes place after booking.  As a condition, the suspect promises to appear in court for all scheduled criminal proceedings, including arraignment, preliminary hearings, pre-trial motions and the trial itself.

The bail amount may be determined by a “bail schedule” or the judge may set the monetary figure based on:

  1. DUI record and criminal history
  2. Seriousness of the DUI offense
  3. Ties to family, community & employment.

Bail amounts often exceed the resources of individuals and their families. If you cannot afford bail, you can consider contacting a Criminal Bail BondsmanWhat makes a good bailbondsman?   What is a Criminal Bail Bond? Bail Bonds also differ by state.

Information Needed For Criminal Bonds:

Bail bond agents need certain information from their clients. This personal information will make it easier for the bail bond agent to communicate with the courts, law enforcement and will expedite the overall process.  Below is an example of the information that should be shared with the agent:

1. The Arrestee’s name. Correct spelling is very important.

2 The Arrestee’s date of birth.

3. Amount of the bond.

4. Date of arrest.

5. Where the arrestee is being held / name of the jail or facility.

6. Other personally identifying information such as an address.

*(If you don’t know all of this information, don’t worry, our agents can still help you but please know as much information as you can.)

The price of your bail

Each case is considered individually.

We here at Libertad…are here to help you during this difficult time. 24 hour bail bond service, 7 days a week at 1-800-LIBERTAD (1-800-542-3782)

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Information found on 1800Libertad.com is not legal advice. Only an attorney can give you true legal advice about your case.


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