Have you been arrested for DUI? This article explains the rights and the proper procedures to take. Adhering to them will place individuals in a much better position during court trials.
First, let’s examine what constitutes a DUI arrest:
The probable causes that can place anyone under arrest for driving while intoxicated include:
- If the officer sees an open container in the vehicle
- The driver seems to be impaired by alcohol or drugs
- Obvious scents of alcohol are observed
When these credible causes are evident, the officer will then ask the driver to perform a field sobriety test or breathalyzer experiment. Participants with a blood alcohol count (BAC) of 0.08% or higher will most likely be placed under a DUI detention.
Rights In DUI Searches, Tests and Arrests
Search and Seizures
Without probable causes, drivers will have the right to refuse unreasonable searches and seizures in their vehicle. An executive officer who does otherwise, without good or credible reason, means that the evidence gathered will be thrown out in court.
The Miranda Right
Any person has the right to remain silent and refuse to answer questions from an officer. In fact, most attorneys will advise that this is best course of action to take, however doing so politely. This recommendation is given, as anything you say can jeopardize the case in court. Drivers will however be required to present identifying information, such as the drivers license, insurance form and vehicle registration information. As soon as the opportunity presents itself, suspects for driving under the influence should request a lawyer.
Implied Refusal Law
The field sobriety test can be denied without repercussions. However, once someone is placed under DUI detention, the laws mandate that chemical testing must be exercised. Doing otherwise is seen as implied refusal, which has consequences. The implications of refusing chemical testing include an automatic suspension of the driver’s license for one year.
The Right to Independent Testing
Defendants can request independent chemical testing to assure that the results are accurate. In numerous cases of research, breathalyzer equipment fail to provide precise results. To avoid any incriminating evidence if someone is innocent, then going the independent route can make a world of difference in proving innocence. A request for release from detention based on this reason can be arranged by a DUI attorney.
Contacting a Lawyer
DUI offenders who are placed under arrest have the constitutional right to contact a lawyer from jail in which they’re being detained.
How A Lawyer Can Help:
Bonds – the lawyer can arrange to post bonds. In more extreme case where repeat offenders are issued higher amounts, attorneys can at times negotiate posting bail at a percentage, and part-pay the remainder over a period of time.
Advice – refusing to take a chemical test for instance will result in an automatic suspension of driver’s licenses for one year. In some cases however, it’s best to decline this test. A good lawyer will go over the details of clients’ cases to recommend the best possible steps.
Recordings are typically made of every detail in any type of arrest, whether it’s a DUI, or domestic abuse case. This includes video footage in the police vehicle when transporting individuals to the county jail, in the jail cell, and written statements on police reports. Lawyers advise clients to exercise the Miranda right, by keeping silent until they’re under the directive of a DUI lawyer.
Finally, it’s important to know one’s rights, even for individuals who are not facing charges at this time. This is because in many DUI arrests, individuals become falsely accused due to circumstances like illness or diet that will affect false positive breathalyzer tests. These tests oftentimes prove to be erroneous as discussed above.
An expert lawyer is able to put together evidence, research and eyewitnesses, if possible, to prove innocence, or lower the penalties that may be ordered by a judge.
Randy Collins is an expert lawyer at longstanding California law firm, MacGregor and Collins. The company currently serves several locations across the state, including Orange County, Newport Beach, Costa Mesa and more. Randy, along with other members of the legal team, have successfully defended numerous clients for over thirty years. Now, this expertise and knowledge is available through informative articles. To learn more, visit www.cmcdefense.com or call 949-250-6097. Mr. Collins is also a member of the LawGuru Attorney Network.