If you’re arrested for drunk driving, you will be taken to jail in almost every instance. Drunk driving is a misdemeanor, it’s a serious offense, and the police will take you into custody for several reasons. First, because they can. Secondly, because they’ll want you to take a breathalyzer test, which you should not take. And third, because they’ll want to video you in most instances to try to show that you’re unsteady on your feet, that your speech is slurred, that your eyes are bloodshot, and to try to gather as much evidence against you as possible. So the answer is, if you are arrested for drunk driving or driving under the influence, you will be taken into custody. My advice to you is not to take field sobriety test, not to take the breathalyzer test, and to say as little as possible and certainly not to discuss whether you have had any alcohol prior to your arrest.
By Jeffrey S. Weiner, P.A.
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