Updated: Aug 20
Humans make mistakes. We miscalculate, misjudge, and at times, overestimate our abilities. This is human nature. This is also part of the reason DUIs are so common. People often misjudge their ability to drive after drinking alcohol, consuming marijuana, or ingesting any other type of substance. This post offers useful information should you find yourself pulled over for suspicion of driving under the influence.
Constitutional Rights. Let’s start with a primer on your 5th and 6th Amendment rights. Generally, these rights come into place after an arrest. You have the right to protect yourself from self-incrimination, and you are not obligated to answer questions that would lend damaging answers. You also have to right to counsel. Once the request for an attorney is made, an officer may not continue with questioning unless you either initiate the conversation with the officer or have your attorney present.
Field Sobriety Tests. If an officer asks you to perform field sobriety tests, you have the option to refuse. Field tests are not mandatory.
Breath Tests. If an officer has reasonable grounds to believe you have been driving under the influence, the officer can administer a breath test. If you refuse the test, your privilege to drive will be revoked for a minimum of one year.
Blood Warrants. Blood draws are becoming increasingly common in DUI cases. Without your consent, an officer needs a warrant to obtain a blood sample. Further, only a statutorily authorized person is allowed to draw blood.
DUI law is constantly evolving and changing, so it is always a good idea to check with an attorney for any specific questions you have.
Disclaimer: The purpose of this post is to provide general information and a general understanding of the law, not to provide specific legal advice. By accessing this blog site you understand that there is no attorney-client relationship between you and Sekhon Law, PLLC. This post should not be used as a substitute for competent legal advice from a licensed professional attorney in your state