In the last post, we answered some of the most common questions about DUI traffic stops. However, having an understanding of the entire process is the best way to equip yourself with sufficient knowledge to know your rights. Here are some more answers to common questions about the DUI traffic stop process.
If the police instruct me to take a chemical sobriety test, do I legally have to comply?
No — you have the right to refuse any test you aren’t comfortable with. However, this can have negative implications due to the fact that it enforces an ‘implied consent’ law. This can result in automatic license suspension, even if your case ends up getting dismissed in court or you’re found not guilty. Invoking this law could also backfire if your case does go to court, since refusing a chemical sobriety test certainly weakens your defense.
Can an officer pull me over and start asking questions without reading me my rights?
This is a complicated question that ultimately depends on whether or not you’re technically in the ‘custody’ of the police.
“During a roadside traffic stop, you are not considered to be in police custody, and therefore the police can ask you questions without reading you your Miranda warning,” explains FindLaw. “Once you are in police custody, however, they must read you your rights before asking you any questions.”
Keep in mind that if the police don’t read you your rights at this time, any answers you provide may be inadmissible in a court of law.
When should I contact a DUI attorney in Oregon City or Lake Oswego to help navigate my case?
If you end up officially getting arrested for DUI, it’s always the best practice to contact a DUI attorney in Oregon City as soon as possible. The more time DUI lawyers have to look over your case, the more they’ll be able to familiarize themselves with it and defend your case the best they can. Many DUI attorneys offer free consultations, so don’t hesitate to reach out.
Each day, people drive drunk almost 300,000 times, but fewer than 4,000 are arrested. Still, knowing the answers to these common DUI traffic stop questions can help you make the most informed decisions for your case.