What Are My Rights in a DUI Stop?

Throughout the entire DUI defense process, you have certain rights. Knowing them can help you in fighting your DUI case. The first thing to know is that you have a constitutional right to be immediately protected by an attorney when you have been arrested for DUI. An experienced San Jose DUI lawyer can begin working to weaken the government's case against you from the outset.

Once stopped by law enforcement, you are legally required to give the police officer a form of ID, your address, phone number and insurance information. The police officer must read you your Miranda rights (also known as the Miranda warning) in order to arrest you. If you are 21 or older, you are not legally required to take a portable or handheld breathalyzer test at the scene of the stop. You face immediate license suspension however, if you refuse a breath/blood test later at the police station. You have a Fifth Amendment right to remain silent. If the officer asks you questions about how much you had to drink, you have a right to not answer. Law enforcement also cannot block you from seeing an attorney.

Legal Protection for Your Rights

Your rights are guaranteed by law. A San Jose DUI defense attorney at our firm can answer any questions you have pertaining to your rights, or about the criminal defense process. We understand DUI law in California. We are passionate about protecting the record and future of clients faced with harsh DUI penalties. Put our experience to work for you today and contact our firm before it is too late.