Los Angeles
Criminal Defense Attorneys

What are your rights when stopped with a DUI

by admin   May 19, 2018   Filed Under:

You have rights if stopped for a DUI in Los Angeles. The most obvious right is the right against self incrimination. This prevents the government from forcing a person to give testimony that may harm them – legally. A personal can claim the 5th amendment in any situation where the government is trying to get a statement about a crime. This is definitely when it comes to DUI’s in Los Angeles. If you’re pulled over and questioned by the police, you aren’t automatically under arrest. They have to conduct an investigation first, and have reasons to arrest you. Your 5th amendment rights do not apply “pre-arrest.” The rights only apply if the police take you into custody(arrest you). It’s important to realize a person’s 5th amendment rights don’t give you the right to refuse a chemical test, or any other tests. Any words you say, or refusals of the tests, can be used as proof that you are drunk and should be arrested.

Your miranda rights are essentially the first thing that you will hear after being arrested. The miranda rights are designed to inform you of your rights, and protect you against self-incrimination. Any individual you make when interrogated in custody, are presumed to be compelled – unless you’ve been told your miranda rights. If you ask for an attorney prior to interrogation, or even during it, no more questions can be asked until an attorney is provided. Should a person speak with the police, and then state they will remain silent – the interrogation has to stop.

Any statement a driver makes to the police before being arrested is not protected by the 5th amendment. This includes anything you say when taking a sobrietary test, or chemical test. If you refuse to take a test, this is admissable in court.