Drunk driving may be one of the most common types of cases. However, driving under influence is not only very irresponsible and dangerous for you, it is equally dangerous for others on the road. You may think you are not that drunk to avoid driving but people’s lives can be lost if you are not careful enough. Sothe right way to go about it is completely avoiding driving when you suspect that you are even slightly drunk. However, if you find yourself in a pickle with a DUI arrest, there are certain rights that you have.
Here are some rights in DUI cases that people are generally unaware of.
- A traffic warden does not have the right to stop you or arrest you unless he/she has a “probable cause.” This means that the police must have sufficiently convincing proof that you are in some way drunk and may harm yourself and others on the road.
- You often find people taking breath tests and other tests that determine the sobriety of the driver. Keep in mind that they are not legally binding. This means that you are not bound by law to take any tests that are taken on-field or are portable. This does not mean that you can refuse to take tests at a police station.
- As per the Miranda warning, you are entitled to hear of all your rights by whoever is arresting you. It is always after this that the questioning can start. Thus, make sure you listen to them intently before moving on to answering any questions the police poses at you.
- There are two main types of tests that determine the alcohol level in blood. These are blood test and breath test. You have to option of taking either which is another right that the police officer is supposed to offer you. However, in case you refuse to take either, there are certain consequences you may have to bear with, which again the office is supposed to inform you on.
- In case you choose a breath test that is conducted in the police station, there is no way that the breath can be contained and saved like a blood sample. Hence, you can get a sample of your blood to be tested later on by your attorney independently.
The above rights are usually not known by a majority of the people. These can help you get out of quite a few tricky situations or at least help you cover some of your tracks. However, it is better if you take the help of an efficient and experienced DUI lawyer. DUI convictions usually end up in license suspension, the duration of which is based on the gravity or the frequency of the charges. The duration is sure to fall between anywhere from four months to three years of license suspension that can have an adverse effect on your personal as well professional life. So, make sure that your lawyer’s experience is not limited to the hearing of DUI cases but has experience in prosecution as well.
Andrew Baskin is a sourcing manager in an elastics company. He has had the experience of being arrested for DUI and his consultation with DJP Solicitors helped him get out of the situation.