Rights You Should Be Aware Of When Dealing With DUI Charges
Posted by Michael Griffin on December 26th, 2019
Every responsible driver understands the importance of staying sober when driving, but many innocent people still end up getting charged with a DUI case. The law recognizes this fact and guarantees you many rights that can help you deal with the charges and secure a verdict in your favor. The exact rights guaranteed to the driver may vary from state to state but if they are violated it can weaken the prosecution’s case against you. If any of these rights are violated, point it out to your DUI attorney in Longmont to help them build a case in your favor.
Important Rights For DUI Case
1) Miranda Rights
You might be tempted to explain yourself to avoid the charges but anything you say can and will be used against you in the court. You are guaranteed the right to avoid incriminating yourself by remaining silent and the right to access a lawyer under the Miranda Rights. You simply need to comply with the officer’s orders and provide the ID but can choose to remain silent. Be polite and don’t answer any queries, especially those meant to indicate if you consumed any alcohol, without the presence of your Longmont-based DUI attorney. If you can’t afford a lawyer, the state must provide you with one. Note, the police don’t have to read Miranda Rights to you until they make an arrest.
2) Reasonable Suspicion & Probable Cause
A traffic stop is considered a seizure by police, so an officer needs a reasonable suspicion that a crime has occurred to stop you on the road. Reasonable suspicion can be established based on equipment violation, driving behavior, etc. Once a reasonable suspicion is established and a traffic stop is made, the officer needs to establish probable cause to make an arrest. Probable cause refers to evidence that is sufficient enough to make an arrest but not a conviction. The officer can establish a probable cause through observations like impaired speech or field sobriety tests (FST). If neither is established before a stop or arrest the evidence gathered may be suppressed.
3) Refusing Roadside Tests
Cops perform field sobriety tests which include HGN (follow the pen), walk and turn and one leg stand tests among others. These tests are subjective as officers have no way of knowing how well you would perform them under other circumstances. You may not perform well in them as you may not practice these tests in your daily life. It only gives the officer probable cause to make an arrest and may weaken your case in court if videotaped. The field tests are voluntary meaning you can refuse to take them, you will be arrested if the cop has enough evidence but the lack of test results is preferable.
4) Refusing Chemical Tests
You can refuse the chemical or breath test before an arrest is made but not after you are arrested. Many states enforce an implied consent law when giving a driver’s license according to which you are obligated to give the blood test when you get arrested. If you refuse, your license will be suspended. In many states, minors are required to give the test even before the arrest if asked by the officer. Note if the proper process was followed during the tests and narrate them to your Longmont-based DUI Attorney. If it can be proven that errors in procedure or equipment setting were serious enough to cause false positives, you may be acquitted.
These are some important rights that you should be aware of when your drive if you are pulled over by cops. If you can’t remember these rights or aren’t sure if they apply to your state law, consult a DUI Attorney in Longmont and narrate all the events that took place starting from your arrest. The lawyer can help you identify if any of your rights were violated and help you get a lower sentence or an acquittal.
