What Are My Rights in a DUI Stop?
Throughout the entire
DUI defense process, you have certain rights. Knowing them can help you in fighting
your DUI case. The first thing to know is that you have a constitutional
right to be immediately protected by an attorney when you have been arrested
for DUI. An experienced San Jose DUI lawyer can begin working to weaken
the government's case against you from the outset. At The Law Offices
of Adam Allen Arant, Esq., we have extensive experience successfully protecting
the rights of clients charged with DUI.
Once stopped by law enforcement, you are legally required to give the police
officer a form of ID, your address, phone number and insurance information.
The police officer must read you your Miranda rights (also known as the
Miranda warning) in order to arrest you. If you are 21 or older, you are
not legally required to take a portable or handheld breathalyzer test
at the scene of the stop. You face immediate license suspension however,
if you refuse a
breath/blood test later at the police station. You have a Fifth Amendment right to remain
silent. If the officer asks you questions about how much you had to drink,
you have a right to not answer. Law enforcement also cannot block you
from seeing an attorney.
Legal Protection for Your Rights
Your rights are guaranteed by law. A San Jose DUI defense attorney at our
firm can answer any questions you have pertaining to your rights, or about the
criminal defense process. We understand DUI law in California. We are passionate about
protecting the record and future of clients faced with harsh DUI penalties.
Put our experience to work for you today and
contact our firm before it is too late.
For answers to other DUI related questions,