22Feb 2019

Can A Police Officer Off Duty And Out Of His Jurisdiction Arrest Me For DUI?

Everyone knows the situation from TV crime dramas. The officer has to 
pull the suspect over before they cross the county line or the suspect 
will be out of his jurisdiction and it will be up to law enforcement in 
the next county to take over the pursuit.

Recently, however, in Florida, an off duty officer outside of his county saw a
car swerving all over the road. He followed the car and pulled it 
over by flashing his headlights, since he was in his personal car and 
not a cruiser. He kept the driver there, who was indeed intoxicated, 
until the local police could arrive. The defense tried to have the 
arrest thrown out as the initial pull over was done by an off duty 
officer outside of his jurisdiction.

The court ruled that an off duty officer CAN make a citizen's arrest in 
a state where citizen's arrests are legal. Florida happens to be one of 
those states. As long as the officer does not present himself as law 
enforcement when off duty, the citizen's arrest will stand. Remember, if 
you are operating a motor vehicle under the influence of any substance 
that can impair your performance you are breaking the law. If you live 
in Burlington, Essex, Colchester, Winooski, Williston, Shelburne or 
anywhere in the State of Vermont, and have been arrested or charged with 
DUI or any crime, call Handy Law for aggressive and experienced legal