Rights During DeKalb County DUI Stops
When a person has been pulled over on suspicion of driving under the influence, it is crucial that they understand their rights. A lack of knowledge of one’s rights can adversely affect a DUI case. To learn more your rights during DeKalb County DUI stops, reach out to a dedicated attorney. A seasoned lawyer who is knowledgeable about DUI stops could fight for you and advocate on your behalf.
What Rights Do People Have at a DUI Stop?
During a DUI stop, the driver has the right to:
- Remain silent
- Refuse field sobriety testing
- Refuse chemical testing
It is important to know that the driver does not necessarily have the right to flee the scene if the officer has articulable suspicion to make a legal stop and they have the ability to investigate. If the officer is making an arrest, the individual has the right to ask the officer why they are being arrested.
Reaching Out to a Lawyer
One of the rights during a DeKalb County DUI stop that individuals have is asking to speak to a lawyer. When a person is being questioned by the police, they should ask to speak to an attorney immediately. Getting a lawyer is protecting one’s Fifth Amendment right not to incriminate one’s self.
What if a Driver is Not Read Their Miranda Rights?
A DUI stop is still legal even if the driver is not read their Miranda Rights. The Miranda Rights only apply to a specific part of the investigative process, which is the post-custody interrogation. A few things must occur before the Miranda Rights are relevant:
- The individual must be under arrest
- The person has to be interrogated while they are under arrest
If the police have no intention of questioning the person, then the Miranda Rights do not have to be read to the individual. A nonreadring of the Miranda Rights could result in any statements made after the arrest to be excluded from evidence.
Mistakes to Avoid at a DUI Stop
There are several mistakes people should avoid during a DUI stop. For instance, a person who is asked to submit to a field sobriety test should not do so. These tests are not created for the individual to succeed. The chance that participation in field sobriety tests might positively influence what occurs is extraordinarily low.
It is generally advisable that one does not participate in standardized field sobriety testing unless the individual truly had nothing to drink or only a very low level of alcohol. A good police officer should be able to make the right decision in those circumstances. However, one does not know if they are dealing with a good police officer.
The second mistake is being obstructive, rude, or, uncooperative with the police. When an officer makes the decision to arrest someone, they are going to follow through with the arrest. It is not advantageous for the individual to compound the problem by being aggressive, rude, or obstructive. Most of the arrest is being videoed, so the individual’s behavior on the video could affect their case.
However, this does not mean they are required to do everything the police officer says in terms of voluntary things like field sobriety tests. It is acceptable for the person to politely ask questions to determine their rights in the situation and establish what is going to happen.
The third mistake is that people forget that a camera is always running and they say something that may harm their case. Even when someone is in the back of a police car, that does not mean there is not a video on them. Many times, something they say or do is videoed and ends their ability to defend the matter.
It is essential to remain silent. Any conversation or statements someone makes in the back of the police vehicle could harm them. To the best of their ability, they should try to invoke their Fifth Amendment right to remain silent.
Contact a DeKalb County Lawyer About Rights During a DUI Stop
It is imperative that you understand your rights during DeKalb County DUI stops. Not knowing your rights and impact your case negatively. For more information, call an accomplished criminal defense lawyer today.