DWI Rights
Many people forget that they have rights when they are pulled over by the police. If you are stopped on suspicion of driving while intoxicated (DWI), it is important to know your rights, as the police do not always have your best interest in mind during a traffic stop.Before you are even stopped, the police officer must have probable cause to believe you are driving under the influence of alcohol and/or drugs. A suspect swerving out of the lane or driving too slowly may give the officer probable cause to make a traffic stop. On the other hand, if the officer does not have probable cause, any evidence found may be inadmissible in court.
You do not have to answer any questions during a traffic stop, other than your name, address, and proof of insurance. In fact, you should politely decline to answer the officer’s questions until you speak with a lawyer.
After a DWI arrest, the officer will read your Miranda Rights before asking any questions. This includes the right to remain silent. It is important to know that after these rights are read, any statements you make may be used in court.
Chemical tests such as a blood, breath, or urine tests, are used to determine your blood alcohol content (BAC). In most states, the penalties for refusing to take the chemical test are much harsher then for taking the test and failing. Most defense lawyers recommend taking the chemical test.
You also have the right to request additional chemical testing from an independent source. If you are having a blood test, the police may release you from their custody to get your blood drawn at a hospital.
Field sobriety testing is used during a traffic stop to determine whether a drunk-driving arrest can be made. It is important to know that, unlike chemical testing, field sobriety testing is voluntary. You will not be penalized for politely declining to take a field sobriety test. Unfortunately, the officer will not always inform you of this right.
If you feel like your DWI rights were violated, it is in your best interest to contact a skilled DWI defense lawyer as soon as possible. The attorney will review the facts of your case to determine if your case was handled properly.
