In Orange County, the number of arrests for DUI cases in 1998 was approximately 14,000, according to statistics by MADD (Mothers against Drunk Driving). The number of victims is 2000 for the same year and therefore the number of arrests per victim is 7.

A DUI arrest is made only after certain tests and the officer declares that the accused has failed. When an officer stops the car suspecting that the driver is under the influence, the officer looks for traditional symptoms of intoxication such as flushed face, bloodshot eyes, odor of alcohol of breath and slurred speech. According to the National Highway Traffic Administration, the symptoms that officers look for when searching for drunken drivers are turning with a wide radius, straddling the center of lane marker and almost striking object or other vehicles.

Once the officer feels that the driver is under the influence, the officer will ask the driver to take a field sobriety test. The driver may refuse to take the test, but the refusal may be considered as evidence later during the trial. Hence it is better to oblige the authorities. Further it should also be noted that in California, an attorney can't be consulted before taking the test.

The common definition of field sobriety test is 'any number of tests used by a law enforcement officer, usually on the roadside, to determine whether the driver is impaired'. FSTs test balance, coordination and ability to divide his or her attention among many tasks. The standardized tests are heel-to-toe, one leg stand and horizontal gaze nystagmus.

A DUI arrest is made when there is any accident resulting in injuries and/or death. Once the arrest is made, the person remains at the police station where the case is booked or at the office of the sheriff of the Orange County.

The DUI accused can be bailed out by signing bail bonds.