What rights do I have if the police pull me over on suspicion of DUI?

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Question:

What rights do I have if the police pull me over on suspicion of DUI?

Answer:

Those who are driving, in most stats, give implied consent to be subject to some type of test of your blood alcohol level. However, you do have DUI rights and the police can't just pull you over and test you whenever they want to. While the rules may vary slightly by state, as a general matter, your DUI rights include:

  • The right not to be subject to unreasonable search and seizure. For the police to subject you to any type of DUI test, they must have probable cause to do so. If they pull you over for something unrelated and you give them no reason to believe that you are impaired by an illegal substance or by alcohol, then they can't just give you a test because they want to. If they do, the evidence can be thrown out
  • The right to request a blood test instead of a breathalyzer or field sobriety tests. Blood tests are generally viewed as more accurate, while field sobriety tests are the least accurate method of assessing DUI
  • The right to an attorney

Whenever you are arrested for a DUI, it is imperative you make use of your right to an attorney. Hiring a lawyer is the best way you can make sure that you minimize the potentially serious DUI penalties you face. 

References:

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