DeKalb County DUI Arrests

When someone is arrested for a DUI in DeKalb County, they are immediately taken to DeKalb County Jail unless the city where the person was arrested has a jail. If you have been arrested for driving while under the influence of alcohol or drugs, you should contact an accomplished DUI attorney. A dedicated lawyer who is knowledgeable about DeKalb County DUI arrests could fight for you and help you understand your legal options.

DUI Arrest Process in DeKalb County

After a person is arrested for a DUI in DeKalb County, they will be placed in the back of a police car and transported to a police precinct or the jail where they will be booked and processed. If the arrested individual agrees to take a chemical test, the officer takes them to the designated place for the test to be done. A breath test can be completed at the jail or a police precinct. A blood test could be done at the police precinct, the jail, or a hospital, depending on what resources are available. For instance, some places have contracts with forensics where nurses at the jail can draw blood. The process of an arrest following a DUI varies based on whether the person consents to a chemical test, the type of test, and the resources available in the county or city.

Refusing a Blood or Breath Test After an Arrest

It is imperative to know that a person has the right to refuse a state-administered DUI test. However, if one does, they could be facing consequences related to their driver’s license. Refusing a state-administered test is not without potential ramifications. Some jurisdictions and certain counties could get a search warrant to obtain a sample of the person’s blood.

In those situations, if someone does not want to have a blood or breath test, the authorities have a right to get a search warrant. The individual could decline the search warrant. However, two things could happen. First, they could be charged with an additional crime known as obstruction of justice. Second, a police officer has the authority to hold the person down while the nurse draws their blood.

When Should a Person Contact an Attorney

An individual might be able to contact an attorney during a DUI traffic stop if the police officer allows them to do so. However, the person does not have a legal right to contact an attorney during a DUI traffic stop. Asking for an attorney is like invoking one’s Fifth Amendment right not to incriminate themselves, so the investigation should stop. Most officers do not let a driver call a lawyer in the middle of a stop, but it does happen occasionally.

An individual should contact an attorney for a DUI case as soon as possible after an arrest. A lawyer could help see what potential defenses might be available to them. When there is a medical issue or an issue with involuntary intoxication when someone put a substance into the person’s drink, there may be immediate steps to preserve certain evidence.

Bonds Following a DUI Arrest

Most DUIs have a pre-set bond. When the person is booked in, a bond is already set for them. For felony DUI charges, the individual has a right to request to hire a lawyer to be present with them at that hearing. For more information about DeKalb County DUI arrests and how an attorney could help you, call today.


Hawkins Spizman

logo (770) 258-6888