Rights at a DUI Stop in New Kent
Individuals have certain rights at DUI stops in New Kent they should be aware of and exercise to avoid incriminating themselves or making their situation any worse. Among these rights are the right not to consent to a search of their vehicle, the right to refuse a field sobriety test, and the right to refuse a preliminary breath test. However, in addition to these, there are a number of other important rights that individuals possess that an experienced DUI attorney will likely encourage them to exercise as well.
Legal Rights
A person has the right to remain silent during a DUI stop in New Kent and they should exercise it whenever possible. They also have the right to refuse to take the field sobriety test and the preliminary breath test. In many cases, exercising those rights can be the difference between going home and them receiving a DUI.
Immediately after a DUI arrest, someone has the right to remain silent. They have the right to speak with their lawyer. They have the right to refuse to take a breathalyzer, if there has been no probable cause for arrest. Someone may be charged with a refusal. However, if there is no probable cause for arrest, that refusal charge can be challenged as well.
Miranda Rights
It is legal for the officer to recite someone their Miranda rights in a DUI stop. They do not, however, have to be read Miranda rights during any arrest. Miranda warnings are provided to someone so that the state can use any subsequent statements against them once they are in investigative detention. If they are not provided with their Miranda rights and questions are asked out of them, the Commonwealth is not permitted to use those statements against them.
Drug-Related DUI Stops
New Kent officers decide to charge people with drug-related DUIs after a DUI stop in New Kent most often after they fail a field sobriety test or when their statements lead the officer to believe that they may be under the influence of some drug.
For example, law enforcement will ask someone during their DUI investigation if they have taken any medication or if they are under the influence of any medication. If that person responds that they have taken a drug, the officer will use that statement in combination with a failed field sobriety test or other observations of the officer to determine that they are under the influence. Once the officer has probable cause for arrest, a subsequent blood test could determine what, if any, substances are in their system.
What to Avoid
The most common mistakes that people make during DUI stops in New Kent are the result of people being unaware of their legal rights. For example, a person has the right to refuse field sobriety tests and the preliminary breath test. Taking these tests leads to numerous DUI arrests, so it is a mistake to submit to those tests.
Additionally, a surprising number of people tell the officers that they are drunk or that they have been drinking, which is another common mistake. Making statements is always a mistake in a DUI stop. If they believe that the person may be inebriated, it is their best interests to remain silent.
Speaking to a Lawyer
You have the right during a DUI stop in New Kent to speak with your attorney before you are stopped for a DUI and if you are speaking to an attorney on the telephone, you are permitted to remain on the telephone with them during the process during the stop. If you are in the process of being arrested, unless the lawyer is present, you cannot speak with your lawyer if the officer does not allow you to do so.
You have to go with the officer if you are being arrested and you should remain silent at that point. You have the right to speak with your attorney if you are subsequently questioned by the police and after you are booked.
