Whether you have been drinking or not, there are rights you should know if you are pulled over for a suspected DUI. Behaving correctly will make it easier for your criminal defense attorney to prepare your DUI defense if the case goes to court.
Prepare All Documents
When you are pulled over, you can get your license, registration, and proof of insurance together. Don't get out of the car unless the officer asks you to. If you move from your car, then it may appear that you are trying to flee.
Don't Speak More Than Necessary
If you slur your speech, then this may be used against you in the court of law. Even if you haven't been drinking, nervous speech may be misinterpreted as slurring your speech. Under the Fifth Amendment you have protection from self-incrimination, which means that you have the right to refrain from answering any and all questions that the police officer asks you. You do not have to tell the officer how many drinks you've had. Your refusal to speak cannot be held against you in court.
Sobriety Test and Chemical Tests
There is a difference between a field sobriety test and a chemical test. Field sobriety tests involve testing coordination and balance and can include acts that people cannot perform whether sober or drunk. You do not have to perform any field sobriety tests. However, under the law, you must submit to chemical testing.
A breathalyzer is a device used by the police to determine your blood alcohol content. The accuracy of these tests has been called into question. They do not always provide correct information about one's level of intoxication. This can be useful to a DUI defense lawyer. All states have implied consent laws, which are laws that state that you consent to chemical testing when you get your driver's license. In most cases, your license can be automatically suspended for refusing to submit to a breathalyzer.
Do you need a DUI defense lawyer? Call Blumberg and Associates for a free consultation anytime at (602) 277-6180. We have a staff of expert criminal attorneys, family law attorneys, personal injury lawyers, and DUI defense lawyers. Learn more about how we can help you by visiting our website today.
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