A number of folks don’t really know their legal rights—especially when they’re stopped or arrested by their respective state’s roadside traffic. Many individuals believe that by liaising with the law enforcement officers they’ll be able to convince them to stop their arrests, which is completely wrong and probably out of order. Here’s what you must know if you happen to be pulled over for a DUI. However, it's always best to consult with a DUI lawyer Orlando.
1. You Have The Right to Remain Silent
Any time you’re stopped by a roadside traffic and questioning exceeds the minimum requirement to supply a traffic citation, consider handling your card to the responsible officer and remain silent. Let your card speak for you, and do not read it to the responsible officer. Also, do not allow the officers talk you out of exercising your legal rights, even if they refuse to read your card.
2. You Have The Right to NOT Consent a Search
Besides the exclusive right to remain silent throughout the exercise, you’ve the legal right to deny the purported officers permission to conduct a search on your vehicle. This right will similarly affect whether a driver must submit to the officers’ Breathalyzer test. You do have the right to object such a test, although Illinois State encompasses an “implied consent” law, implying that such an objection could possibly result in suspension of your license.
3. You Have The Right to Not Answer an Officer’s Questions
You are only required to identify yourself, but you’re not required to respond to any other quizzes from the officer. Consequently, if you’re asked such a question like “Where do you reside?” just keep in mind that such a question is beyond the requirement and you’re not supposed to answer.
It’d be prudent to politely explain to the officers involved in this situation that you wish to remain silent. While the law enforcement officers aren’t required to read you your rights till you’ve been arrested, keep in mind that you can equally refrain from uttering a word that could likely be self-incriminating.
Do not be disrespectful or hostile, though. Simply explain to the officers that you’d like to exercise your legal rights as enshrined in the law. Do this in a rather polite approach, and express your stand plainly.
4. You Have The Right To Speak with Your Attorney
After being blocked and subsequently arrested for DUI, always refrain from saying anything—probably until you’ve requested to communicate with a criminal lawyer. You’ve the right to seek legal counsel, and it’s a right that you must exercise with immediate effect.
Sometimes the police will cunningly act as though they’re on your side. Sometimes they’ll act as if they’ve your best interests in mind. Nevertheless, note that they’re only interested in getting a confession with which they’ll judge you.
5. Do Not Take a Field Sobriety Test
Should an officer suspect that you’re intoxicated, s/he may request you to step out of your vehicle so you can take part in a series of field sobriety tests—resist it. Apparently, some of the tests comprise the walk-and-run, one-leg stand, and the horizontal gaze nystagmus. All these tests intend to examine your physical and cognitive abilities. Sobriety tests are completely subjective, and they’re designed for failure.
It’s actually for this reason that you’re not legally required to partake in such tests. It’s just a way that police officers use to collect enough probable cause to warrant your arrest for DUI. Henceforth, make sure you’re well accustomed with your legal rights when it comes to a DUI stop. Stand firm and defend yourself from being exploited for no apparent reason.