As a driver, you have rights if you are pulled over and arrested on suspicion
of driving under the influence (DUI). It’s important to understand
and remember these rights, as exercising them may have an impact on any
DUI charges and their outcome.
While the facts and circumstances of each DUI case are different, we can
offer helpful tips regarding your rights – and responsibilities
– in regards to
DUI arrests in Orange County and throughout California.
You have the right to refuse
field sobriety tests. You can politely refuse to take field sobriety tests, though you can still
be arrested for DUI if the officer believes you were driving under the
influence. In the event of a DUI arrest, the officer will not have your
performance on field sobriety tests in his or her arsenal of evidence
You have the right to not answer questions about drinking. The officer may ask you questions about where you were and how much you
have had to drink. The purpose of these questions is to gather sufficient
evidence to establish probable cause for your arrest. You can politely
refuse to answer such questions, but you should comply with an officer's
request for your license and registration and should be polite and cooperative
in your dealings with the officer. If you are rude or physically resist
an officer, you may face charges for resisting arrest.
You have the right to refuse a roadside breath test. If you are pulled over for DUI, the officer may ask you to perform a Preliminary
Alcohol Screening (PAS) test. If you have not been arrested or taken into
custody, you have the right to refuse this portable test.
You have the right to be informed of the consequences of refusing a chemical test. If you’re arrested for DUI and asked to take a
breath test or blood test, you have the right to know the consequences of refusing such a test.
In California, you may face license suspension for refusing a breath or
after a DUI arrest. You should be informed of this fact so you can make an informed
decision when asked to take a test.
You have the right to know why you’re being arrested. When a person is apprehended by the police, he or she has a
right to know why the arrest is taking place. If you are taken into custody, the arresting
officer has an obligation to tell you why this is occurring.
You have the right to be informed of your rights. When arrested, you should be given the Miranda warning, which is a basic
description of your rights when in the custody of law enforcement. The
arresting officer should inform you that you have the right to remain
silent and that you have the right to an attorney. The officer should
also verify that you understand these rights.
You have the right to remain silent. You have the right to remain silent. Anything you say or do can be used
against you in a court of law, and this is why it’s essential for
you to be informed of this right at the time of a DUI arrest.
You have the right to an attorney. You have the right to an attorney if you are taken into custody for DUI;
you do not have to submit to questioning without your attorney present.
Get additional insight regarding your rights and how an
Orange County DUI lawyer can help you in the face of any type of DUI charge.
Contact us today!