It is often extremely intimidating for individuals who face charges and arrest from a DUI. As a DUI attorney, I understand that the idea of being placed in handcuffs and put in the back of a squad care can also be humiliating. There are certain things that you need to remember and certain inalienable rights that you are guaranteed; even after being arrested and accused of a crime.
Always Cooperate but Do Not Confess to Anything
The first and most important fact to remember is to fully cooperate with the authorities without offering any additional testimony or verbal confirmation of any kind of confession. Remember, anything said during an arrest, during the holding, or to any authorities can and will be used against you in order to obtain a conviction in court, at a later date. This is especially true if there is an accident involved and can be associated with a DUI.
The Right to Silence
Under the United States Constitution, somebody accused of a crime has the right to be silent and to not self-incriminate. Typically, when being placed under arrest, the arresting officer will read what is known as Miranda Rights. These include informing someone that he or she has the right to be silent and to legal representation. We strongly recommend that individuals in this situation exercise both of these rights.
Any information that an individual person volunteers will make its way to the prosecutor and can be used against the individual when facing trial for the DUI. The best option is to wait until having spoken with a DUI attorney, securing representation and allowing your DUI attorney to do all of the talking.
The Fourth Amendment
One question I am asked quite frequently, as a DUI attorney, is whether or not the fourth amendment applies when pulled over for a DUI. The reality is, that it is a complicated answer to a complicated question. When driving under the influence the officer already has reasonable suspicion that a crime has been committed.
As such, the fourth amendment will typically not apply if they want to search a vehicle for drugs or alcohol related to the DUI. In any case, the best option is to speak directly and personally with a DUI attorney, give the facts of the case, and let me deal with building a strong legal defense based on the facts of law.
Do You Need a DUI Attorney?
One of the popular misconceptions in the criminal justice system is that DUI cases are relatively easy to handle. While this can be true, it is also true that it is incredibly easy to be convicted of a DUI, have a permanent stain on your driving record, have to pay expensive fines, spend time in jail, and even run the risk of losing the ability to drive if you are not represented by a DUI attorney. It is far better to pick up the phone and speaking to a DUI attorney, who then can run your case properly and ensure that you do not face any unnecessary consequences.
For help with your case, call my office and schedule a consultation.
NOTE: This is for informational purposes only and does not constitute legal advice.