The Arrest Stage of a DUI Case

The Arrest Stage of a DUI

The Arrest Stage of a DUI case occurs after the officer has decided he’s gathered enough evidence to make an arrest.  This evidence must establish probable cause.  Under Rhode Island law, the validity of an arrest depends upon the existence of probable cause to make the arrest.  This means that all of the facts and circumstances of the incident must be sufficient to warrant an officer of reasonable caution to believe that the driver operated a vehicle under the influence.

The officer gathers evidence to support his decision to arrest based on the two phases (Vehicle In Motion, Initial Personal Contact With The Driver) and the results of the Field Sobriety Tests and the Preliminary Breath Test.

Once the officer believes he has probable cause, he takes the driver into custody to gather further evidence, typically in the form of a request to submit to a chemical test to determine the driver’s blood alcohol concentration, accompanied by various other observations, particularly the results of a chemical test.