If You’ve Been Arrested

The Roadside Test

If you are stopped by a police officer and are suspected of being under the influence of alcohol or drugs, the police officer may ask you to take some field sobriety tests including heel-to-toe, finger-to-nose, one-leg stand, an eye test called “horizontal gaze nystagmus test”, alphabet recitation and others.

You are not required to take any of the roadside tests. There is no penalty for refusing to take these tests and if you are arrested for DUI after taking the tests, the evidence will be used in your prosecution.

The police officer may also ask you to take a preliminary breath test (PBT) prior to taking you to the police station. Again, you are not required to take the preliminary breath test.

The Arrest and Booking Procedure

If a law enforcement officer has probable cause to believe a DUI offense has occurred, he/she may arrest you and require you to undergo further evidentiary testing of your breath, blood or urine at the police station.

If you are arrested for DUI, be polite and tell the police officer you would like to speak to an attorney. You have the right to speak with an attorney prior to taking any tests at the police station. Before the additional testing is performed, the police officer must read the implied consent advisory statement, which explains that the additional testing is mandatory, test refusal is a crime and you have the right to CONSULT WITH AN ATTORNEY BEFORE TAKING THE TEST.


If you are arrested for DUI, the police officer may issue you a ticket and release you with a court date. In the alternative, the police officer may take you into custody for booking at a police station. At the police station, the officer may complete any required paperwork or tests. Upon completion, you will be turned over to the jail for processing. During processing, officers will gather demographic information, fingerprints and photographs.

Depending on the severity of your charges, you may or may not be released after you have been processed. You may be required to appear in front of a judge before bail is set or you are able to be released. If you are not eligible for immediate release, your personal property and clothing will be placed in storage. You will be issued clothing, bedding and assigned a cell to await your court appearance.

Following a DUI arrest, you should contact our office as soon as possible to make an appointment for a free consultation. At your consultation, we will assess your situation and explain the consequences of your charges.

Do not delay in contacting an experienced DUI attorney. There are time limits to request a hearing to challenge your driver’s license revocation and/or vehicle forfeiture. These are known as Statues of Limitations and there is no grace period. Don’t needlessly lose your license and/or vehicle.

Making Bail

If you are charged with a Gross Misdemeanor or Felony DUI, the court may set bail to ensure your appearance at future court dates.

The mandatory bail for a gross misdemeanor DUI is $12,000.00.

In some instances, you may agree to abstain from alcohol and submit to daily home alcohol monitoring. Alcohol monitoring requires an initial set-up fee for the monitoring device and a daily rental fee (varies by county).

Because of the cost of home monitoring and/or the lifestyle restrictions, it may be advantageous to post bond if you are financially able. Many people do not have the financial means to post the mandatory $12,000.00 bail out of their own pocket. In such circumstances, we recommend working with a local bail bond company. The bonding company makes a promise to the court to pay your bail if you fail to appear for your court appearances. Most bonding companies charge 10% of the bail amount for their services.

There are several bail bonding companies you may contact. However, Valentini Law P.A. works closely with both Absolute Bail Bonds and Goldberg Bonding Company. Both companies offer the same services and can often help expedite the bail process.

Absolute Bail Bond

Goldberg Bonding