Know Your Legal Rights for DUI & Drunk Driving
1.You Have the Right to Remain Silent: DO IT. First and foremost, you have the right to remain silent, and you should. Many DUI suspects mistakenly believe they can talk their way out of a DUI arrest...they can't, and neither will you. Even if you have talked your way out of traffic tickets in the past, don't even try it with DUI...it won't work, and you will make the state's case against you that much stronger. Be smart and exercise this right.
Don't talk to the police for any reason other than to identify yourself
Don't disclose any information to test technicians, hospital staff, or jail personnel
You are obligated to identify yourself ( name, address, and date of birth ) and provide police with your driver's license, vehicle registration, and proof of insurance. That's it. Be polite and courteous, but decline to converse or volunteer any information other than your identity and the required documents. A refusal to answer other questions can not be used against you in court, but anything you do say WILL.
Keep in mind that no matter how congenial the police officers seem to you, what they may claim, promise, or threaten, they are not your friends, nor are they on your side. They don't want to help you, they're not sympathetic. They want to arrest you, and they want a conviction on your arrest, as well. Anything you say will be used against you. Even if you are innocent, just say nothing but that you want to speak to an attorney.
2.You Have the Right to Refuse Roadside Field Sobiety Tests: POLITELY DECLINE.
Field Sobriety Tests are voluntary, and there are no conclusive studies linking the results of any field test to legal intoxication. How a person performs these roadside acrobatics is affected by many factors including physical health, nervousness, medical conditions, weather, and various other external conditions. Research in Field Sobriety testing has shown that most police officers, when surveyed in a controlled study group, mistakenly assessed that more than 50% of the sober individuals tested were under the influence.
Always consent to a chemical test upon request. The blood and breath tests requested after being taken into custody are NOT voluntary. If given an option, always choose the breath test, as it is easier to contest in court.
3.You Have the Right to Refuse a Handheld Breathalyzer Test IF you are at least 21 years of age and are not under a special court order: POLITELY REFUSE. You should always refuse the portable Breathalyzer device administered at roadside. If the officer wants you to blow into breath tester from the trunk of his patrol car, say NO. Such tests are known to be unreliable and will not work in your favor. BUT if arrested, request the breath test in favor of the blood test. Once again, you may NOT refuse a chemical blood or breath test taken at the station or a hospital after arrest. If you refuse the breath or blood test at the station, the DMV will suspend your drivers license for a year and there will be an increased DUI penalty enhancement for Refusal.
4.You Have the Right to Not be Subject to Illegal Search and Seizure: DON'T CONSENT! Unfortunately, if the violation you are suspected of, such as DUI, Drunk Driving, Driving Under the Influence, DWI, etc. requires that you be taken into custody, and the police believe they have probable cause, they may search the cabin area of your vehicle that is within the driver's reach. This includes the passenger area, glove compartment, and console, as well as any packages or containers that are within plain sight. Any evidence found under the seat or out of plain view may be inadmissable in court. Consult with a DUI Lawyer regarding specific circumstances surrounding your arrest.
If you have been subjected to what you believe is an illegal police search or seizure in connection with a DUI offense, and want to know whether the police may have violated your constitutional rights, ALWAYS consult with a knowledgeable and experienced DUI attorney.
5.You Have the Right to Your Personal Property: If arrested, you have the right to an itemized receipt for all money, jewelry, personal valuables, and other property taken from your person during and after the time you were taken into custody.
6.You Have the Right to Post Bail: BAIL OR OWN RECOGNIZANCE. If this is your first arrest on DUI charges, you might be released on your own recognizance. Click here to learn more about bail setting factors in a San Diego DUI case.
7.You Have the Right to be Booked within a Reasonable Time Frame: 72 Hours in San Diego, California. Booking is the entry and and recording of the criminal DUI charge against you in the "police blotter" or "arrest record book". You also have the right to make telephone calls during this period. Should your detention go beyond a reasonable period of time without being booked, your attorney may go to a judge and obtain a writ of habeas corpus. A writ of habeas corpus is a Court order instructing the police to bring you before the Court so that a judge may decide whether you are lawfully detained. You can be kept in custody up to 72 hours, at which time you must either be brought before a judge on the alleged charges or be released on your own recognizance.
8.You Have the Right to a Fair and Speedy Trial: You have the right to enter a plea of not guilty, and to be represented by your defense attorney throughout the trial and at all proceedings leading up to the trial. You are presumed innocent of the pending charges against you, and the presumption of innocence will remain with you throughout the jury trial unless the prosecution presents evidence to prove you guilty beyond a reasonable doubt. You have the right to confront and cross-examine witnesses called to testify against you. You also have the right to present evidence in your own defense and to subpoena witnesses to testify on your behalf.
The U.S. Constitution guarantees a criminal DUI defendant a speedy trial by an "impartial jury." If a court determines that the delay between arrest and trial was unreasonable and prejudicial to a DUI defendant, the court will dismiss the case altogether. In California, 12 jurors must agree unanimously in order to find a defendant "guilty" or "not guilty". If all twelve jurors fail to agree on a defendant's guilt or innocence, the result will be a "hung" jury. After the trial, you have the right to appeal to a higher Court to review an unfavorable judgment, verdict, or punishment of your DUI case.
John E. Dui is THE top DUI Defense Lawyer in San Diego County. His practice is dedicated exclusively to the defense of persons charged with DUI, DWI and Drunk Driving in Southern California.
Call us twenty-four hours a day at 1-800-522-6700 or send us an email now to discuss an aggressive and legitimate defense strategy for your DUI case.