Sometimes, you may think you are fine to drive after one or two drinks. However, even if you are under the legal limit, you may still show signs of intoxication while driving and get pulled over. When this happens, you have some rights you should know.
You Have the Right to Remain Silent
If you've seen any cop shows, you've heard the famous words, "you have the right to remain silent." However, that doesn't just apply to when you get arrested. You can also remain silent if you are just pulled over. Get out of the car if the officer asks you to, but you can stay silent. It's important to remember this because if an officer does pull you over and suspects you have been drinking, you will probably be asked, "have you been drinking?" If you answer "yes," it doesn't sound good, even if you say, "yes, but only one." However, if you say "no," you've lied to a police officer, which is never a good idea.
You Have the Right to Refuse a Search of Your Vehicle
An officer needs reason other than thinking you might have been drinking to search your car. They can look inside the car to see if they spot anything obvious, such as alcohol, drugs or weapons. If they see these items, it is an excuse to search your car without your consent. Also, if you toss something out the window while getting pulled over, they may also use that as an excuse to legally search your car. Otherwise, the officer would have to get your permission to search, which you can deny.
You Have the Right to Refuse Field Sobriety Tests
Field sobriety tests are things like walking a straight line or touching your nose to look for sights of intoxication. The officer will probably ask you to perform one or more of these, but you have the right to refuse to do them. Of course, if you haven't been drinking or you honestly feel you can pass because you are under the limit, it may be best to take the tests. Refusing to take the tests increases your chance of getting arrested, which is unnecessary if you aren't breaking the law.
You Have the Right to Refuse an On-The-Spot Breathalyzer Test
Another request the officer can make is an on-the-spot breathalyzer test. Like the field sobriety tests, you can refuse to do this initial breathalyzer test. However, it will also increase your chances of getting arrested, so if you are sure you are under the limit, it may be best to take it. If you do get arrested, you will need to ultimately agree to take a breathalyzer or blood (chemical) test at the police station, which can be used against you.
You Have the Right to an Independent Chemical Test
It's also important to note that the chemical tests mentioned can also be performed by an independent provider of your choosing. Tell the officer you want to take an independent blood or breathalyzer test, and they must allow you to leave or contact your attorney to make arrangements for the tests. If they prevent you from leaving or delay your departure long enough to make the results invalid, you may be able to have the blood results suppressed in court. It depends on which state you were arrested in, but this may lead to your case being thrown out completely.
You Have the Right to an Attorney
Unlike on TV, officers don't always tell you your Miranda rights while they are hauling you to the police station. They have a long time to tell you, and they may wait until you've already done a lot of talking. However, even if they haven't told you so, you have the right to speak with an attorney immediately. Ask for one the moment you are arrested and refuse to talk to anyone until your attorney is present. Your attorney will know what you should and should not divulge and be your best chance at getting off if you are innocent or getting a reduced punishment if you are guilty.
Even if you've only had a little to drink, you may get pulled over for a DUI. Once that happens, you need to do everything you can to protect yourself. If you would like more information regarding DUIs, contact a criminal law attorney in your area today by checking out a firm like Hurth Sisk & Blakemore LLP.
