What Are My DUI Rights?

The first question someone asks following a DUI arrest is “What are my rights?”  Knowing what your rights are and if they have been violated may make the difference between a conviction and dismissal.  Barry Shabat can help navigate the complex civil rights and evidence issues involved, but a brief overview of what you need to know can be found below.

1. You have the right to probable cause. He or she must be able to state specific behaviors or conditions that he or she observed you demonstrating as justifiable reason to have warranted further investigation. A good DUI attorney may be able to successfully supress evidence obtained after an unjustified stop.

2. You have the right to refuse a field sobriety test.  If you are age 21 or over, you also have the right to refuse to be subjected to a portable screening device test used to measure your breath alcohol concentration. However, you MUST submit to a jail house blood or breath alcohol test upon request.

3. You have the right to be advised of your Miranda Rights. Your Mirdanda Rights are guaranteed to you by the United States Constitution, so long as your presence is not deemed a threat to public safety. Failure to be read your Miranda Rights does not lead to automatic dismissal of your case, but can help guild a stronger defense.

4. You have the right to remain silent, as stated in your Constitutionally given Fifth Amendment.  You cannot hurt your case by saying too little.

5. You have the right to make a phone call.

6. You have the right to speak to an attorney.  You do not need to respond to any questioning or interrogation without the presence of an attorney.  If you choose to respond to questions without an attorney, this right is waived.  However, at any point you can request a DUI defense attorney.
7. You have the right to a bail hearing.  You have the right to post bail and be released from custody until proven guilty of your DUI charges.

8. You have the right to a fair and speedy trial.

9. You have the right to call witnesses on your behalf in order to support your not-guilty plea.

10. You have right to proper search and procedure.  Police officers are required to follow strict protocol in conducted searches.  The officer has the right to a body search (though not a strip search unless their is reason to believe you have a weapon). A police officer may also search you car without your consent.

If you have been arrested for drunk driving, driving under the influence, DUI or DWI in Los Gatos, Campbell, San Jose, Cupertino, or Santa Clara, your case will benefit greatly with the experienced legal advice and assistance of a specialized Los Gatos drunk driving lawyer or Los Gatos DUI attorney. Call the experienced DUI attorneys of Anchor Law Group at (408) 500-5280 to begin protecting your rights TODAY….