If you are ever stopped or arrested by the police because they suspect you have been driving under the influence of drugs or alcohol you do have rights, starting with your “Miranda Rights” against self-incrimination. Those rights include:
- The right to remain silent.
- The right to know that anything you say can be used against you in a court of law.
- The right to have an attorney assist you whenever you are questioned.
- The right to be represented by an attorney even if you can’t afford one.
With these basic rights in mind, consider the following if you are pulled over for DUI:
The officer must have a reason for pulling you over in the first place, but they have broad discretion in doing so. Suspicious behavior, abnormally slow driving, weaving in and out of lanes, or sudden lane changes may serve as sufficient justification for an officer to stop you.
Once pulled over you have the right to refuse to take a field sobriety test or to submit to a chemical test. Although you are free to exercise these rights, the refusal will lead to an immediate revocation of your driver’s license and an administrative suspension that may last a year or more.
If you believe that your blood alcohol content (BAC) is above the legal limit, you have the right to have an attorney present before you submit to a chemical test.
You have the right to have the charges against you explained to you at the time of your arrest so that you fully understand them.
Because you have the right to refuse to answer any questions, you have the right to request that your attorney be present during any questioning.
When you are detained at a police station or other location you have the right to make a phone call. Use it to call the experienced legal team at Betras, Kopp, and Markota. The free BetrasLaw app also features complete information about the steps you should take if you are pulled over for DUI. We invite you to download it here.