You see the flashing lights behind your vehicle. You pull over and the officer approaches your door. The next thing you know, you’re being questioned about a potential driving while intoxicated charge. What do you do next?
Unfortunately, countless individuals don’t really understand their rights when they’re pulled over and they often get themselves into complicated situations. Below you’ll find some information on your rights at a DUI stop so you can avoid being in a detrimental spot.
The officer who stops you is going to want to ask you questions such as, “where are you coming from?” They are trying to get you to say something that they could use against you during prosecution. You should know that you are not obligated to answer the officer’s questions without your lawyer.
Don’t deny answering questions in a disrespectful manner. Instead, inform the police politely that you would like to speak with your attorney before answering any questions. This can help you avoid saying something that can create probably cause to search your vehicle or ask for field sobriety or chemical tests.
When Do the Miranda Rights Come into Play?
You may have heard of the “Miranda Rights” from nearly every police show and movie. These are real rights, but the police do not have to read them to you until they put you in custody. Until that point, the officer can ask you questions, and they can still be used as evidence, even if the Miranda Rights are not read. You would be offering information.
You still have the same rights—such as the right to remain silent and the right to an attorney—but the law enforcement officer does not have to inform you of such rights until you are officially in custody. Once you are in custody, the officer must read the Miranda Rights and failure to do so could be beneficial to your defense.
As the founding attorney at Daniel D. Hajji, Attorney at Law, I work hard to help my clients fully understand what legal options they have when charged with a DUI. It is my goal to help you get through the complex process and safeguard your freedom.
When you’re in need of an Oakland County DUI defense attorney, my firm is the one to trust. I have successfully helped thousands of clients and I’m ready to help you.