Your Rights After Being Pulled Over For Driving Under The Influence
If you've been pulled over because an officer believes you are under the influence, there are several rights you have to protect yourself. Even if you've only had one or two drinks, you may still be over the legal limit, so check out these five rights you have after being pulled over for driving under the influence.
The Right to Remain Silent
Any time you are pulled over or arrested, you have the right to remain silent. In some cases, it may irritate the police, but you don't have to verbally respond. Yes, when the officer asks for your ID and registration, you will need to comply, or you may get arrested for failing to cooperate. If the officer asks you to get out of the car, do this too, but stay silent if you so choose. Staying silent protects you from giving blunt answers that may actually hurt your case. For example, if the officer asks if you've been drinking, and you have, you can either lie or admit guilt in the eyes of the officer if you respond to the question.
The Right to Refuse Field Sobriety Tests
Officers have many tests they use to determine if you are over the limit. Some are field sobriety tests. These include the classic test of walking a straight line and touching your nose. You can refuse to do these tests. Similarly, the officer will likely want to give you a breathalyzer test, which you can also refuse. Keep in mind that you will eventually need to take some kind of official test. The downside of refusing to take these tests is that it increases your chances of getting arrested because the officers can only assume you are over the limit.
The Right to Refuse a Search of Your Vehicle
If you get pulled over for driving under the influence, the officers will glance inside your car by looking through the windows. However, they can't typically open your doors or trunk and start searching. If they spot something suspicious through the window, that may give them cause to insist upon a legal search. The officers can also ask you if they can search your vehicle. You have the right to refuse this, unless they have some other reason such as witnessing you toss something out the window before pulling over.
The Right to Request Independent Testing
In many cases, there are chemical tests used to measure your level of intoxication. These are commonly performed at the police station. However, you do have the right to request chemical testing from an independent facility. The officers must also give you adequate time to have the independent chemical tests. For example, if the officers don't let you leave for hours and the test is deemed invalid, you may be able to have the chemical results thrown out. In some cases, you may even be able to have your entire case thrown out.
The Right to an Attorney
If you are arrested for driving under the influence, there is one thing you should say: "I want an attorney." The officers don't always tell you right away that you have the right to an attorney. In fact, they have much longer to read you your entire Miranda rights than is portrayed on TV. So by the time you realize you have the right to an attorney, you may have ruined your case. Wait until you have an attorney before you speak.
There is a fine line between one too many and just enough, so if you've been pulled over after drinking, you need to know your rights. If you would like more information regarding your rights or driving under the influence, contact an attorney at a law firm like Thomas & Associates, PC in your area today.