DUI Arrest Warrant Form

DUI ARREST WARRANT

State/Jurisdiction:   Case No.:

On the application of Affiant Name: (Badge/ID: ), sworn before me, the undersigned judicial officer, and upon probable cause shown as set forth below, a warrant of arrest is requested for:

Defendant Name:   Date of Birth:

RECITALS

WHEREAS, Affiant is a law enforcement officer employed by Agency/Department: and has personal knowledge of the facts stated herein by virtue of an investigation conducted on behalf of that agency;

WHEREAS, on or about Date/Time of Alleged Offense: at or near Location of Alleged Offense: , the Affiant observed conduct and obtained evidence indicating probable cause to believe the Defendant committed the offense of Driving Under the Influence in violation of Statute/Code: ;

WHEREAS, Affiant has set forth below the factual basis constituting probable cause supporting this application for an arrest warrant and any ancillary authorizations necessary for investigation and preservation of evidence.

NOW, THEREFORE

The undersigned judicial officer finds that the following facts, as sworn to by Affiant, constitute probable cause to believe that the Defendant committed the offense(s) specified and that an arrest warrant should issue:

1. PROBABLE CAUSE FINDINGS

Affiant's sworn statement describing observations, statements, tests, and corroborating evidence (state all material facts, including but not limited to vehicle operation, odor of intoxicants, field sobriety test performance, admission of alcohol/drug consumption, witness statements, and physical indicators):

If chemical testing occurred, provide type and result: Type (Breath/Blood): Result/Value:

2. WARRANT TO ARREST

Upon consideration of the foregoing sworn facts, you are hereby commanded to arrest the Defendant named above and bring the Defendant before the issuing court or other appropriate judicial officer without unnecessary delay. This warrant authorizes the detention of the Defendant pending initial appearance as required by law.

Special custody instructions / medical considerations:

Bail/Release Conditions (if any):

3. AUTHORIZATION FOR SEARCH, TESTING, AND PRESERVATION OF EVIDENCE

The issuing judicial officer authorizes the following as reasonably necessary to preserve and obtain evidence related to the alleged offense:

 Authorization for blood sample collection where legally permissible and in accordance with statutory procedures.

 Authorization to require a lawful breath test subject to statutory rights and refusals.

 Authorization to search the motor vehicle for open containers, evidence of impairment, and documents identifying the operator, to the extent allowed by law.

4. LIMITATIONS AND PROCEDURAL DIRECTIONS

This warrant must be executed in accordance with constitutional safeguards and statutory requirements. Any test or invasive procedure authorized herein shall be conducted only as permitted by law and with respect for the Defendant's rights. Use of forcible measures is authorized only where immediate action is necessary to preserve evidence or prevent flight and where the officer reasonably believes such measures are lawful.

Place of detention or delivery after arrest:

5. RETURN, REPORTING, AND RECORDS

Upon execution of the warrant, the officer shall enter a return of service with the issuing court within Return Period (days): days, stating the manner, date, time, and place of execution, and shall attach any seized evidence or provide inventory of same.

Officer's duty to notify: The executing officer shall notify the court and defense counsel where required by law of the arrest, any chemical test results obtained, and any exigent circumstances necessitating evidentiary collection.

6. NOTICE TO DEFENDANT

The Defendant shall be informed of the reason for the arrest and of the Defendant's rights as required by law, including the right to counsel and any statutory advisements related to chemical testing and implied consent.

7. NOTICES, AMENDMENTS, WAIVER

Notices required by this warrant shall be served in the manner prescribed by law. Any amendment to the terms of this warrant must be made in writing by the issuing judicial officer. No waiver of any provision of this warrant shall be effective unless in writing and signed by the issuing judicial officer.

8. GOVERNING LAW; SEVERABILITY; ENTIRE AGREEMENT

Governing Law: This warrant is issued pursuant to and shall be construed in accordance with the laws and constitution of the jurisdiction named above.

Severability: If any provision of this warrant is determined to be invalid or unenforceable, such invalidity shall not affect the remaining provisions, which shall continue in full force and effect.

Entire Agreement: This document constitutes the complete warrant and authorizations granted herein and supersedes any prior oral or written requests regarding the subject matter.

ADMINISTRATIVE INFORMATION

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