Your Rights At a DUI Stop in Norfolk

If pulled over by law enforcement and accused of driving under the influence, the following is what you should know regarding your legal rights. These include, the ability to refuse a search, the right to speak to an attorney, and your rights after an arrest.

To learn more call and schedule a consultation with a Norfolk DUI lawyer today.

Do You Need to Consent To a Search of Your Vehicle?

Unless there is probable cause for a search, then there is no reason for the officer to search you and if they ask you to consent, that means they don’t have probable cause and are hoping you will just allow them to search anyway.  However, you never have to consent unless the officer has another reason.  In which case, you wouldn’t be consenting at that point, it would just be automatic.

Can You Speak To a Lawyer During a DUI Stop?

An officer may allow you to speak to an attorney during a stop, however, you do not have the right to do so. After the arrest is made you do have the right to speak to your lawyer, however, no officer is going to stop what they are doing at the scene just to allow you to speak with an attorney. For this reason really all asking to speak with a lawyer is going to do at this point is prevent the officer from questioning you any further.

Is a DUI Stop Legal If I’m Not Read My Miranda Rights?

Miranda rights are something that are so often misunderstood by people.  The only time that you are required to have your Miranda rights read is if the officers want to detain you and ask you questions. Until then, there is no requirement to have them read and your case is not going to be thrown out just because the police didn’t read your rights.  The consequences of not having your Miranda rights read is that anything you say can’t be used against you as evidence if you have been detained.

What Are My Rights During a DUI Stop?

Before you’re officially arrested, then you have the right to refuse all of the tests:

  • You don’t have to take the preliminary breath test.
  • You don’t have to perform any of the field sobriety tests.
  • You don’t have to say or answer any questions.
  • You don’t have to consent to a search of your vehicle etc.

What Are My Rights Following a DUI Arrest?

If the officer has obtained the probable cause they need for a DUI arrest, then that is when the officer has to read you your Miranda rights.  If he doesn’t do this, then anything that you say after is not going to be admissible in your trial.  Assuming that he reads your right, then you still don’t have to answer any questions.  You have the right to remain silent and just stay quiet until you’re released.

Also following your arrest, you’re going to be taken down to the jail where you have to provide either a blood sample or a breath test.  At this point, while you do have the right to refuse, it’s better for you not to because if you do refuse, then you’re going to be charged with unreasonable refusal which comes with pretty dire consequences.