What constitutes an alcohol related arrest?

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What constitutes an alcohol related arrest?

I am applying for a job where a security clearance is involved. I have currently have a top secret however a job that I am applying for is still doing a background check. One of the questions on the application asked if I was ever arrested due to anything alcohol related. I did receive a DUI over a year ago (I fell asleep at a traffic light 1/4 mile from my house). The cops woke me up, did a sobriety test, took me down to a detention center where I blew for a DUI. I filled out paper work and was let go. It took about an hour. In court I received PBJ. So I’m not sure if I was arrested or detained. Due to the fact that I was never booked/fingerprinted and was let go, is it ok that I answered no to the arrest question?

Asked on December 13, 2012 under Criminal Law, Maryland

Answers:

David West / West & Corvelli

Answered 9 years ago | Contributor

In most cases if you are never booked into jail and never physically arrested for the offense, there should be no record of your arrest for them to find.  Arrests are linked to criminal histories by the arresting agency entering your identifying information - including fingerprint info, physical info, and biographical info into their computer system.  If this was never done then you are probably okay.

I'm not sure what the term PBJ stands for and I'm thinking this offense did not occur in Georgia so the terminology may be different but if you were not convicted of the DUI then that increases the odds it is not on your record.  If, however, you entered ANY kind of plea in front of the judge to anything alcohol related then there still may be a record of that on your criminal history.  Hopefully that is not the case.

Best Regards,

David West

Attorney at Law

David West / David West & Associates

Answered 9 years ago | Contributor

In most cases if you are never booked into jail and never physically arrested for the offense, there should be no record of your arrest for them to find.  Arrests are linked to criminal histories by the arresting agency entering your identifying information - including fingerprint info, physical info, and biographical info into their computer system.  If this was never done then you are probably okay.

I'm not sure what the term PBJ stands for and I'm thinking this offense did not occur in Georgia so the terminology may be different but if you were not convicted of the DUI then that increases the odds it is not on your record.  If, however, you entered ANY kind of plea in front of the judge to anything alcohol related then there still may be a record of that on your criminal history.  Hopefully that is not the case.

Best Regards,

David West

Attorney at Law


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