DUI Rights

Many people do not know their rights when stopped by a police officer and are investigated for DUI. Here are some basic DUI rights you have:

You are not required to speak to the police other than providing them with your name, your license, your registration and your proof of insurance. You have DUI rights but the police will want to gather evidence against you by speaking with you. The police will ask you how much you have had to drink and your drinking pattern. They will also ask you if you feel the effects of the drinking. The information regarding your drinking pattern will be used against you should you go to court on your case to show your blood alcohol level at the time of driving. Particularly the question about whether you feel the effects will be used to show that you weren’t capable of driving safely, an element of the crime. Do not let your DUI rights be violated.

Also, the police will ask you where you were driving from. Particularly in cases in which the police didn’t observe your driving like when you had a collision, the police will ask these questions to establish that you were driving the vehicle. Often, it is only through your admissions are the police able to prove that you were driving.

Plead the 5th

So the best advice is plead the 5th amendment and other than what is indicated above, don’t talk with the police.
Don’t perform the field sobriety tests. You are not under any obligation to perform the field coordination tests offered by the police. The police will tell you that your performance will demonstrate whether you are drunk or not, but almost always the police skew the results of the tests and testify that you failed the tests.

Do not take the Preliminary Alcohol Screening Test. The Preliminary Alcohol Screening test is the small roadside alcohol device. It is an accurate device, but typically considered not as accurate as the bigger machine at the station. The PAS test is optional and is considered a field sobriety test.

You are required to take a test of your breath or blood when arrested. Do not refuse to take the test. If you refuse a blood or breath test your license will be suspended, with no chance of a work restriction, for a one year period of time. Also, the fact that you refused the test can be used against you at trial on the case. The D.A. will argue that you did not take the test because it would have shown that you were over the legal limit.

If you want to find out more about your rights contact David Foos, your criminal rights attorney. The first consultation is for free. David can be reached at 916-779-3500