Reader’s Question:

The law really confuses me and it made me even wonder more after my brother has been arrested for DUI here in Irondequoit, New York. What are the things that constitute a valid DUI arrest and what would be next stage following the arrest?

Blaze

Irondequoit, NY

The first stage of the DUI process is the arrest. So that the traffic stop would be valid, the stop must be supported by reasonable suspicion that a violation has been committed. The police officer should have a reasonable and articulable suspicion that a violation of the traffic laws has occurred in order to bring about a stop for DUI. Once a motorist has been stopped, the police officer should have a probable cause to believe the driver is intoxicated before they could make an arrest and conduct a breath test.

After your brother’s DUI arrest in Irondequoit, New York and if the Complaint is already filed, he would make his first appearance in court at Arraignment where he is informed of the charges against him. During the Arraignment, he is also informed of his rights under the law and enters a plea of guilty or not guilty. If he hires a DUI lawyer to represent him, the initial appearance could normally be waived. The arraignment could be “adjourned” by the DUI lawyer sending a letter of representation to the Court advising it that your brother is represented, were advised of his rights, and that he is entering a plea of not guilty.

Tags: drunk driving laws, DUI, DUI arrest, DUI lawyer