If you are pulled over on suspicion of a driving under the influence (DUI) offense, it may be a terrifying and unsettling experience. Most people have very little idea of what their rights are, or how the law applies to their situation. Accordingly, it is easy to make mistakes and damage your case without ever realizing it. In this article, we’ll take a look at what your rights are when you are pulled over on suspicion of a DUI.
The more knowledgeable you are about your rights, the more prepared you will be to handle the situation and the more likely you are to get the outcome you want.
The Importance of Knowing Your Rights
When it comes to DUI arrests, knowing your rights is crucial for several reasons.
- If you know more about what your rights are when you are arrested for a DUI, then you are less likely to have them violated by the police, which can come in handy in court if your case actually goes that far.
- It also allows you to understand what you can expect from officers if you are involved in a traffic stop. This could keep you from being exploited by overzealous police officers and stop you from doing anything that could lead to an incriminating incident or a mistake that could damage your case.
- Knowledge of your rights in a DUI arrest can help you make critical decisions during your arrest, including whether to agree to field sobriety tests, chemical tests, or a request that you remain silent or talk to an attorney.
Your Rights During a DUI Traffic Stop
The initial traffic stop in a DUI arrest is not only the first but also the most vital step in a DUI investigation. This is where your constitutional rights as a citizen come into play. Therefore, it is imperative that you understand what rights you have and do not have when stopped by a police officer.
If a police officer stops you for suspicion of drunk or drugged driving, for example, they must have “reasonable suspicion” that you are too impaired to drive. They need to observe something about your performance that makes sense to the officer as a sign of impairment, such as you weaving between lanes, running a red light, or erratic driving.
The Right to Remain Silent and the Right to an Attorney
Indeed, one of the most fundamental rights you have under the Fifth and Sixth Amendments of the United States Constitution is your right to remain silent in any situation, and your right to consult with an attorney.
During a DUI arrest, you have the right to refuse to answer any questions that a police officer might ask you relating to your consumption of alcohol or drugs. They will likely ask you if you have had anything to drink, and, if so, how much. If you refuse to answer questions, you will give law enforcement less to work with when building a case against you. If you want to exercise this right, you need to express that you are invoking your Fifth Amendment rights. Simply refusing to speak may not be enough.
Just as you have the right to refuse to answer questions, you also have the right to have an attorney present during a DUI arrest. This entitles you to request to speak to an attorney at any time throughout the arrest process, and police officers must abide by this request. The police officers must stop questioning you once you have requested to speak to a lawyer.
The Right To Refuse A Test
Another right you have during a DUI arrest is that you do not have to take a breathalyzer or field sobriety test. Police officers often use these tests as a means to prove intoxication, but you have the right to refuse to take the test.
The breathalyzer, or blood alcohol content (BAC) test, is used to measure your blood alcohol level. Often, a refusal can result in an automatic suspension of your driver’s license, but it may also prevent the prosecution from obtaining one of the key pieces of evidence against you.
Field sobriety tests are physical and cognitive tests that examine your degree of impairment. You might be required to walk in a straight line, stand on one leg, follow a pen with your eyes, or perform other tests. Their use in court as evidence against you is the primary reason why it’s a bad idea to consent. But the tests are subjective, and the results can be skewed by a variety of factors, including poor physical condition, nervousness, or even the officer’s own prejudices. The tests are loaded against you and intended to be hard to pass.
Consequences of Refusing a Test or Not Knowing Your Rights
It’s within your right to refuse to take a breathalyzer or perform field sobriety tests, but, in many states, doing so will lead to the automatic suspension of your license even if you aren’t ultimately convicted of a DUI.
But being unaware of your rights can be just as damaging: you might inadvertently incriminate yourself by answering questions or performing tests, and this evidence can be used against you in court, leading to a conviction and the ensuing consequences.
Your Rights Are Not Unlimited
When you watch YouTube videos of DUI stops that go wrong, it is usually because the driver is insisting on his or her rights in a way that is not disrespectful or threatening to the arresting officer. Furthermore, they frequently have no idea what their rights actually are. Here are some common requests made by officers that you should comply with:
- Turn off your engine. Yes, that’s something you do when the police pull your car over. You may have noticed that your car has this setting on the dashboard called neutral that shuts the engine off.
- Roll down your window. Don’t roll your window down all the way. But you better roll your window down part way, because you have to talk to the police officer.
- Give your driver’s license and proof of insurance Identification (documents) are required to drive a vehicle. If you do not have these items in your possession, the police officer may issue you a ticket for driving a vehicle without maintaining the required documentation.
- Exit the vehicle. If stopped, you will be asked to exit the vehicle. You should exit if told to do so by the officer. It may be for safety reasons, but more likely it is so the officer can determine more information about your condition. You must comply with the officer’s requests.
How to Assert Your Rights During a DUI Arrest
When asserting your rights, you should do so in a manner that is respectful and cooperative. When dealing with the police in a DUI situation, remain calm and be polite. You have the right, under the Fifth Amendment, to remain silent. But simply not talking to the officer without expressly invoking your right to remain silent may not be the best course of action, as you may appear to be uncooperative or evasive, as opposed to simply exercising your right.
If an officer tries to coerce you into taking a preliminary breathalyzer or field sobriety test, politely but firmly refuse. Inform the officer that you know your rights and are choosing to exercise them. Ask to speak with an attorney, and refuse to engage in any discussion except to request an attorney.
Invoking your rights, and refusing to submit to a field sobriety test or breathalyzer test, will not prevent you from being arrested. Probable cause is sufficient cause for arrest, meaning that if a police officer believes you have been operating a motor vehicle while under the influence, you will be arrested irrespective of the results of any tests that you take.
It’s worth considering that if you do agree to submit to the tests, you are more than likely to be arrested anyway. The only difference is that there will be more evidence indicating that you are intoxicated if you submit to a test than if you refuse. It will not change the result of your short-term fate, but it might be good for your long-term prospects.
Seeking Legal Representation After a DUI Arrest
If you have been arrested and charged with DUI, you should hire a DUI defense attorney to represent you. An experienced lawyer will lead you through the legal process, protect your rights, and build a case to reduce the consequences you might face. An attorney will advise whether or not you need to submit to a field sobriety test or breathalyzer, explain the potential penalties that you could face, such as fines, revocation of your driving license, or imprisonment, and work to lower these penalties or get your charges dismissed. A DUI defense attorney will investigate your arrest to determine if your rights were violated or if there are problems with the evidence against you.
If you are in need of a DUI defense attorney, in Missouri or Illinois, call our experienced DUI defense attorneys at Michael Reid Legal Solutions for a free consultation.