Most people know they have the right to remain silent if stopped under suspicion of driving under the influence. But that doesn’t mean saying absolutely nothing — since it’s important for people to properly identify themselves when a police officer makes such a request.
While it’s always best to avoid driving after drinking, sometimes people have a lapse in judgment and underestimate how much alcohol they drank. Other times, someone is falsely accused of DUI and must fight the charge and clear their name. That’s where it pays to hire the right DUI lawyer for help in such a serious situation.
Here are six rights you should be aware of if ever stopped by an officer on suspicion of DUI.
1. Right to Remain Silent
It’s worth repeating that you have the right to remain silent. It’s your constitutional right to avoid self-incrimination. So, if the police stop you, inform you they suspect you’re driving under the influence, and want to ask you some questions, invoke your right to keep silent.
You can bet the authorities will ask for your full name, driver’s license information, and vehicle registration. Comply with that request by providing basic information or you could make matters worse for yourself.
2. Right Against Unreasonable Searches
You also have the right to refuse a police officer’s request to research your vehicle — and it’s a right you should insist on. But there are exceptions.
What the law does is give people the right to refuse unreasonable searches. The operative word here is “unreasonable.” If a police officer stops you on suspicion of DUI and sees an open bottle of beer in the cup holder, that gives the police officer reasonable grounds to search your vehicle. At that point, you’ll get yourself in trouble if you resist.
3. Right to Refuse Field Sobriety Tests:
You might have the right to refuse field sobriety tests — tests conducted by police officers to determine whether or not you’re intoxicated. Whether you have the option depends on the state you’re in. Some states make field sobriety tests optional while others make them compulsory.
If you refuse in a state where they’re mandatory, your non-compliance can be used against you just as much as anything you say after being read your Miranda Rights.
4. Right to Refuse a Preliminary Breath Test
Depending on the state you are charged in, you can choose whether to take a preliminary breath test.
If you refuse a breathalyzer in a state where these tests are required, that could be used against you. It might be tempting to refuse one if you believe you’ll fail the test, but refusal could have worse consequences than simply taking the test and retaining the services of a DUI lawyer if necessary.
5. Right to Legal Counsel
You also have the right to request legal counsel. After identifying yourself and providing basic information, you can exercise your right to remain silent and request a lawyer.
It’s in your best interests to hire a lawyer. Remember that getting convicted of DUI means being convicted of a criminal offense. You’ll want the best odds of beating the charges and moving on with your life.
6. Right to Be Free from Excessive Force
You also have the right to be spared excessive force. But remember that this right is all but waived if you put up a fight to avoid being apprehended. If you comply with instructions and don’t resist efforts by law enforcement officials to detain you, there’s no justification for excessive force.
If ever arrested on suspicion of DUI, you must know your rights. It’s the best way to make it through the situation, hire a lawyer, and hopefully get the result you want.
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Eamon