Many times in OUI arrests, a person is pulled over by a police officer for a simple civil infraction. Other times, for possibly a simple motor vehicle accident. The officer approaches your car and asks for your license and registration. While you are retrieving the items, he may begin to ask additional questions while watching your movements. These questions can lead to “where you are coming from” or “if you recently had anything to drink.”
The Exit Order
If a police officer reasonably suspects you are intoxicated, expect to be asked to exit your vehicle to conduct a roadside investigation. Before exiting, you have certain rights you may assert. Many people comply with the officer and agree to submit to some roadside tests. While outside the vehicle, due to a number of variables such as weather, prior injuries, or simply nervousness, many times basic mistakes are made during questioning or while performing physical tests. You are requested to do standardized, but unique tests, outside your car, along the side of the road, maybe in the middle of the night, with sometimes multiple police officers judging you for a brief series of moments whom you never met.
Even though some mistakes may be made for reasons other than alcohol consumption, officers are still likely to arrest you and transport you to the local police station. Police officers do not simply issue a citation for an OUI and let a driver go on about their evening due to their concern about your inability to drive safely.
However, there are rare occurrences where an individual may be given a citation for an OUI in lieu of being arrested immediately. Some examples include a medical situation where the person is transported to a Hospital or if the alleged driver cannot be initially determined or located by Police at the scene.
When you arrive at the Police Station, you are brought into the booking area and asked to participate in a series of events. Most times, the booking area is audio and video recorded. Here, you are provided your “rights;” however, your mind is racing and it’s difficult to focus. Additionally, this is where you normally are requested to submit to a chemical test, or breathalyzer. Depending on your circumstances, there are certain consequences to submitting or refusing to the test, which is more in depth explained here. You are then asked a series of questions, your fingerprints are taken, and given your phone call. Finally, you must wait for the bail commissioner who has the authority to collect bail if you or someone you called has the money available.
Protect Your Rights with an Experienced Worcester OUI Defense Lawyer
If you are charged with an OUI, now is the time for action to protect your rights. Contact Attorney Padraic Rafferty, at Eden Rafferty, Attorneys at Law to schedule a confidential case review who will re-examine each step that occurred before and during your arrest. Your liberty is the heart of our criminal legal practice and we will work relentlessly to defend you and advocate for your rights following an arrest.