If you’re being stopped for a possible DUI (driving under the influence) it is super important that you exercise your legal rights! When you exercise your legal rights, you help protect yourself. If you don’t exercise your DUI rights, you will likely make your situation worse.
- Exercise your right to an attorney. You have the right to either a private DUI attorney or a public defender. When being questioned by law enforcement, politely request to speak to your DUI attorney. If the officer doesn’t respond, ask again. The officer must give you the opportunity to contact an attorney, it is your legal right.
- Exercise your right to remain silent. A person has the right to remain silent both before and after a DUI arrest. It is very important to minimize talking to only requesting to speak with an attorney and that you would like to remain silent for the reminder of the questioning and arrest. If you don’t exercise your right to remain silent you will likely talk yourself into a conviction and into further legal trouble.
- Exercise your right to refuse search of any type of personal belongings, home, or vehicle. You have the right to be free from any unreasonable searches. Do not give the police permission to search your vehicle or personal items. The only exception is when the police reasonably believe you may be carrying a dangerous instrument, they can search for their safety.
- Refuse to perform the DUI field sobriety tests. These tests are voluntary tests, meaning you make the decision to take the test or not. You will not be in any legal trouble if you refuse to perform the DUI field sobriety tests. They are very difficult tests and designed for you to fail. Do not take the test.
- Refuse to take the DUI portable breath test. The DUI portable breath test is also a voluntary test, do not take the test. If you are arrested for DUI, you will be taken to the police station. While at the station be cooperative and take the DUI breath test or blood test, unless advised not to do so by your DUI attorney.
Now that you know some of your legal rights while being investigated for DUI, use them! And remember whenever stopped for a possible DUI ask to speak to your attorney immediately and exercise your right to remain silent!