| In the eyes of the law things that occur prior to the | | | | driving under the influence. However, even if you |
| time of arrest and things that happen after carry | | | | refuse to take these tests you can still be arrested for |
| varying weight. Therefore, it is important to understand | | | | driving under the influence. In fact, you will face even |
| the point in which an arrest actually occurs. | | | | more serious charges if you refuse to comply under |
| When is a person considered under arrest? Is it when | | | | the Implied Consent Laws of your state. |
| they are handcuffed? Put into the squad car? When | | | | Probable cause that an individual has committed or has |
| they are fingerprinted and booked at the station? | | | | been involved in the commission of a crime is enough |
| The moment of arrest actually occurs in the instant in | | | | legal ground for a police officer to arrest that individual. |
| which the police officer utters the phrase, "you are | | | | This is why you can be arrested for driving under the |
| under arrest for...". At this moment, the law | | | | influence even if you refuse to take a field sobriety |
| enforcement official is asserting his legal authority in | | | | test or chemical test. If the police officer has probable |
| taking a person into custody and charging him or her | | | | cause based on observational evidence that you have |
| with a crime. Up until that moment, even if a person is | | | | been drinking, then that is sufficient. |
| being detained or questioned by a police officer, he or | | | | Since a police officer can arrest you whether or not |
| she is still considered at liberty. | | | | you submit to a test or not and since the punishments |
| If an individual is pulled over while driving by a police | | | | under the Implied Consent Laws are so steep, it is |
| officer for any routine traffic offense and that officer | | | | never in a person's best interest to attempt to avoid |
| perceives that there is probable cause to suspect that | | | | arrest by refusing to comply with an officer. |
| the individual has been drinking (say there are empty | | | | Nevertheless, this does not mean that a person should |
| beer cans in the floorboard of the car), then they may | | | | be so compliant as to offer up more information than |
| have the person step out of the vehicle. They may | | | | necessary to the police officer. |
| handcuff the individual or have them sit in the squad | | | | If the police officer fails to read a person the Miranda |
| car while they search the vehicle but the individual still is | | | | Warning, then this divulged information won't be |
| not under arrest. | | | | admissible as evidence in court. However, most police |
| The police officer will then ask the individual to submit | | | | officers take special care to read this warning. |
| to a field sobriety test and/or a breath analysis test. | | | | Anything that you say after having this warning will be |
| Once the tests have been administered, the police | | | | viewed as a waiver of your fifth amendment rights |
| officer will decide whether or not to arrest you for | | | | and can be used against you in court. |