Many people are intimidated when they are pulled over by law enforcement for drinking and driving. Others are not aware of their legal rights in this situation. We will teach you about your rights regarding probable cause, Miranda rights, sobriety testing and the right to a DUI attorney.
Probable Cause
In order to stop you for drinking and driving, police have to have probable cause to stop you based on your behavior. If police do not have probable cause, your case may be thrown out of court. Each state has different probable cause laws so consult a DWI lawyer in your state if you find yourself in this situation.
Miranda Rights
Per a Supreme Court case, police officers are legally required to read suspects their constitutional rights before they ask you to answer any questions. One of these rights is the Fifth Amendment which allows you to remain silent. If you are stopped for drinking and driving, do not answer any questions. Instead, ask to speak to an attorney.
Sobriety Testing
A DUI attorney will advise you to submit to any breath, blood or urine testing because if you don't you may face stiff legal penalties. These laws vary from state to state. You can also request an independent test in addition to the testing the police department does.
Right to an Attorney
The most important right in a DWI situation is the right to an attorney. Attorneys advise not to answer any questions until your lawyer is present. You should tell law enforcement you will not answer questions until your lawyer is present. At this point, you should be allowed to contact your lawyer. Continue to remain silent until your attorney arrives and can advise you of the best course of action.
Conclusion
When stopped for DWI, take note of whether the officers had probable cause, read you your Miranda rights and allowed you to have independent blood tests done. Most importantly, make sure you have a lawyer at the scene or at the police station as soon as possible to advise you on how to proceed.
I have been a legal writer for three years.
Probable Cause
In order to stop you for drinking and driving, police have to have probable cause to stop you based on your behavior. If police do not have probable cause, your case may be thrown out of court. Each state has different probable cause laws so consult a DWI lawyer in your state if you find yourself in this situation.
Miranda Rights
Per a Supreme Court case, police officers are legally required to read suspects their constitutional rights before they ask you to answer any questions. One of these rights is the Fifth Amendment which allows you to remain silent. If you are stopped for drinking and driving, do not answer any questions. Instead, ask to speak to an attorney.
Sobriety Testing
A DUI attorney will advise you to submit to any breath, blood or urine testing because if you don't you may face stiff legal penalties. These laws vary from state to state. You can also request an independent test in addition to the testing the police department does.
Right to an Attorney
The most important right in a DWI situation is the right to an attorney. Attorneys advise not to answer any questions until your lawyer is present. You should tell law enforcement you will not answer questions until your lawyer is present. At this point, you should be allowed to contact your lawyer. Continue to remain silent until your attorney arrives and can advise you of the best course of action.
Conclusion
When stopped for DWI, take note of whether the officers had probable cause, read you your Miranda rights and allowed you to have independent blood tests done. Most importantly, make sure you have a lawyer at the scene or at the police station as soon as possible to advise you on how to proceed.
I have been a legal writer for three years.
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