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When you work with one of our criminal attorneys – our main goal is to get you the best outcome. We focus on getting all charges either dismissed, or reduced. In the event we can’t – we try to find the best outcome. Once you’ve been charged with a crime, you need a professional Los Angeles criminal defense lawyer to help you.
The firm of Farar & Lewis LLP, has over 30 years of combined experience practicing law. Every single one of our attorneys has been recognized for being an excellent attorney. We are a results driven law firm, focused on advocacy – communication – and aggressive representation.
We provide criminal defense representation for most
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Regardless of what you’ve been accused of doing.
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Questions we frequently hear
A Driver Has Fifth Amendment Rights When Stopped For DUI
American citizens have Fifth Amendment rights against self-incrimination. This right prevents the government from forcing a person to give testimony or some type of communicative evidence that can as a way to incriminate them. A person may claim their right against self-incrimination in any situation where the government is attempting to obtain a statement about a particular crime. This can occur during the legal process or with the various interrogation methods utilized by law enforcement. It can also involve anything that could provide a link between a suspect and incriminating evidence. A person can invoke their Fifth Amendment rights when they are stopped and suspected of DUI.
When a person is pulled over and questioned by police they are not under arrest. This is considered post arrest. At this time, an individual’s Fifth Amendment right do not apply. It’s important people realize any information they provide the police at this time can be used to create a case against them. It is important people realize the Fifth Amendment does not eliminate a person’s obligation to participate in a chemical test for DUI when it is done post arrest. Any comments a driver makes concerning the consumption of alcohol to law enforcement during post arrest may be admissable against the driver when they go to trial.
The Supreme Court case of Miranda v. Arizona determined individuals should be read their rights after an arrest. This was designed as another effort to protect a person against self-incrimination. The ruling determined that any statements an individual makes when interrogated while in custody are presumed to have been compelled by law enforcement. They are not able to be admitted into trial to prove guilt. These statements are only able to be used if a person is informed about their rights prior to an interrogation. Should a suspect ask for an attorney prior to an interrogation by law enforcement or even during it; no more questions can be asked by law enforcement until an attorney is provided. Should a person speak with law enformcement and then state they will remian silent; the interrogation must stop.
Any statements a driver makes to law enforcement prior to being arrested are not protected by the Fifth Amendment. This includes the time a driver is taking a Standardized Field Sobriety test or during chemical tests. The U.S. Supreme Court held that any incriminating statements made by a driver during Breathalyzer testing was not part of a police interrogation. This means these statements are not able to be suppressed as evidence during in a court. The Court also held such statements made by drivers were a response to legitmate law enforcement procedures and not intended to obtain incriminating statements from the driver. It also ruled any type of voluntary statements made to law enforcement during field sobriety testing is not part of a custodial interrogation. This means it is not portected by the Fifth Amendment right against self-incrimination.
Should a driver who is suspected of DWI refuse to take a chemical test, this fact is admissable in court. Thee U.S. Supreme court ruled that admitting evidents concerning a driver not submitting to a test of their blood-alcohol levels doesn’t violate the driver’s right against self-incrimination. The cout’s ruling was based on its belief that a law enformcement officer’s request to submit to a test wasn’t an attemp by law enforcement to obtain incriminating statements from a driver suspected of DUI. In this situation, the driver’s refusal is not considered to have been coerced by law enforcement.
Law Enforcement Interview
When a driver is suspected of DUI, they will be interviewed by law enforcement. A driver’s Fifth Amendment right protects them from being compelled by law enforcement to provide evidence that could incriminate them in a crime. It is important law enforcement read a driver their miranda rights prior to the start of any interview for DUI when the driver is in custody of law enforcement. Any prolonged detention by law enforcement inside their vehicle after an initial stop can be classified as custodial interrogation. This would apply even it occurs before a formal arrest. Law enformcement officer are required to read a driver their miranda rights should a driver be in a situation considered custodial custody.
There is certain physical evidence that can be collected during a DUI arrest that is not able to be protected by the Fifth Amendment. This could included fingerprints of the driver and more. There is the doctrine of implied conscent that makes it possible to obtain a breathalyhzer test from a driver suspected of DUI. Collecting a blood test may require a warrant in certain situations. It is also possible for specific physical evidence to legally be collected by force it it is necessary.
Unless someone is experienced in the law, they may not be aware of all the protections they are provided under the Fifth Amendment. This is especially true during a DUI stop or subsequent arrest. An experienced attorney will know how to use the Fifth Amendment to protect a person’s right and provided the best possible outcome for their DUI sitaution.
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