Can You Be Arrested for Suspicion of DUI?

It is tricky to answer the question “can you be arrested for suspicion of DUI?” The United States legal system presumes that a driver is innocent until proven guilty in a court of law, even if an arresting officer suspects the driver committed a crime. Yet many states seem to have DUI laws that presume guilt before a court trial occurs and permit police officers to question drivers without any suspicion at all. In some sense, all DUI arrests are based only on a suspicion rather than on conclusive proof, but drivers face laws that are targeted to convict even the innocent.

The presumption of innocence, meaning that suspects are innocent of a crime until proven guilty in court, is one of the founding precepts of the American judicial system. Conclusive presumptions as to essential elements of a crime that cannot be rebutted by defense attorneys – such as, for example, a presumption that you are guilty of DUI if you blow a 0.08 on a breathalyzer – are unconstitutional under Morissette v. United States, 342 U.S. 246 (1952). The defense can rebut this type of presumption using contradictory testimony and evidence, allowing a defendant to present various defenses to a charge.

In contrast to the supposed presumption of innocence, many laws seem to imply guilt if suspects take certain actions. For example, refusing a pre-arrest breath test in many states is grounds for immediate arrest for DUI. Police can stop your car and ask you intrusive questions during a sobriety checkpoint roadblock without any reasonable suspicion of DUI. They do not have to read you your Miranda rights until “later than in other types of criminal investigations.” Berkemer v. Mccarty, 468 U.S. 420 (1984). You do not have the right to an attorney until after you take a breathalyzer test. You do not have the right to save the breath used in the breath test. And you do not have the right to a jury trial in many instances.

Further, Oklahoma recently enacted a law requiring police officers to rip up drivers’ licenses, denying the drivers the opportunity for an administrative hearing to challenge license revocation. Although the state Supreme Court recently struck down the law, there is little doubt that the state will attempt to pass similar laws in the future to lessen the burden on the Department of Public Safety to conduct administrative hearings.

The decks are stacked against drivers suspected of DUI, because the laws and the court rulings seem to presume that a suspect is guilty. When you are arrested for driving under the influence, the arresting officer does not necessarily know if you are over the BAC limit. You could refuse a breath test and be arrested merely on the basis of that refusal, not because the officer really thinks you are drunk. In effect, most DUI arrests are arrests based only on a suspicion, not on true knowledge that you are driving under the influence.

To learn more about the presumption of innocence in DUI cases, seek out the DUI attorney who follows key changes in Oklahoma law to find the best defenses for his clients. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience and expert-level knowledge of DUI science to defend drivers, has the experience and the insight to evaluate the strengths and weaknesses of your case. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.