When a police officer pulls you over, it's important you know what your legal rights are. By having this information on hand, you'll be an informed citizen. This allows you, for whatever reason you were pulled over, to conduct yourself in a positive manner and keeping the officer from gaining further evidence against you.
The majority of people assume it is in their best interest to comply with what the officer tells them. However, much of this asking is voluntary and you do not have to do anything the officer asks. By not answering questions or doing what you are asked, you're making it harder for the officer to gain evidence. You have every right to say no during the stop whether or not you have done something wrong.
There are two things you must do when an officer pulls you over. They are:
- Provide them with your identification
- Proof of insurance
There's nothing else that you have to do beyond those two things. You don't have to talk to the officer nor do you need to answer the questions posed before you. This is extremely important when you've been pulled over for suspicion of DUI. The first question the officer will ask you is “how much have you had to drink today/tonight?” There isn't any reason to answer this question especially without an attorney present. If the officer places you under arrest, make sure you hire a DUI attorney quickly.
As you are placed under arrest, you will have your Miranda rights read to you. Miranda rights state, "You have the right to remain silent; anything you say can be held against you in the court of law." Don't give them any statements that can be used to build a case against you. If you think you must unburden yourself, be truthful. If you lie to the arresting officer, you hurt your credibility when you testify in court.
If an officer asks you to step out of your car, do as you're told. If you're asked to take a field sobriety tests, you can kindly tell the officer no. Field sobriety tests are flawed and subjective, which gives the cop probable cause to place you under arrest. Whenever possible, speak to a DUI lawyer first before the officer asks you to perform these tests. You can also refuse to do the Breathalyzer test. Bear in mind that refusal of one or both of these tests can be used against you, even though it is your right to refuse them. Asking to talk with the lawyer beforehand is not a sign of refusal.
When you know your rights and exercise them when you've been pulled over, you'll decrease your chances of being arrested, which allows your DUI attorney an opportunity to fight on your behalf in court. Legal representations like it when their clients have exercised their Fifth Amendment rights rather than a client who has blurted out all kinds of information.
The majority of people assume it is in their best interest to comply with what the officer tells them. However, much of this asking is voluntary and you do not have to do anything the officer asks. By not answering questions or doing what you are asked, you're making it harder for the officer to gain evidence. You have every right to say no during the stop whether or not you have done something wrong.
There are two things you must do when an officer pulls you over. They are:
- Provide them with your identification
- Proof of insurance
There's nothing else that you have to do beyond those two things. You don't have to talk to the officer nor do you need to answer the questions posed before you. This is extremely important when you've been pulled over for suspicion of DUI. The first question the officer will ask you is “how much have you had to drink today/tonight?” There isn't any reason to answer this question especially without an attorney present. If the officer places you under arrest, make sure you hire a DUI attorney quickly.
As you are placed under arrest, you will have your Miranda rights read to you. Miranda rights state, "You have the right to remain silent; anything you say can be held against you in the court of law." Don't give them any statements that can be used to build a case against you. If you think you must unburden yourself, be truthful. If you lie to the arresting officer, you hurt your credibility when you testify in court.
If an officer asks you to step out of your car, do as you're told. If you're asked to take a field sobriety tests, you can kindly tell the officer no. Field sobriety tests are flawed and subjective, which gives the cop probable cause to place you under arrest. Whenever possible, speak to a DUI lawyer first before the officer asks you to perform these tests. You can also refuse to do the Breathalyzer test. Bear in mind that refusal of one or both of these tests can be used against you, even though it is your right to refuse them. Asking to talk with the lawyer beforehand is not a sign of refusal.
When you know your rights and exercise them when you've been pulled over, you'll decrease your chances of being arrested, which allows your DUI attorney an opportunity to fight on your behalf in court. Legal representations like it when their clients have exercised their Fifth Amendment rights rather than a client who has blurted out all kinds of information.
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