How long can a person arrested for DUI be jailedbefore arraignment?

Get Legal Help Today

 Secured with SHA-256 Encryption

How long can a person arrested for DUI be jailedbefore arraignment?

My son was arrested for DUI on Saturday. He is 21 and has no prior arrests. His blood alcohol level was .076 at the scene. He performed all sobriety tests perfectly according to him and witnesses. The officer arrested him. Is it legal to arrest if alcohol level was below .08? Also, because the jurisdiction that he was arressted in has a “no bail” rule for DUI arrests, my son spent 2 and 1/2 days in jail with no visitors until his arraignment on Tuesday, due to a Monday holiday. He was stopped for driving without headlights, which he had had to switch on several times. A mechanic found the next day that his headlight switch was broken. He was not driving recklessly.

Asked on October 16, 2010 under Criminal Law, Washington

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Getting arrested on a weekend is a tough thing.  You can get caught in "the system" a bit longer than usual and there is generally a back-up of people going through the system.  And with the holiday, well, it really can not be the speedy process it is supposed to be.  It sounds as if your son has a decent case here and you should speak with an attorney regarding his defense.  You are correct that according to the law in Washington State, the BAC for arrest is .08.  So his lawful arrest given that he blew a .076 will be one of the issues determined at the hearing.  Whether he was advised of the Implied Consent laws is another thing that will be determined.  Make sure you address the license suspension issue as well.  Good luck.   

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption