You have legal rights from the moment you are pulled over and investigated for DUI throughout the process of getting arrested, charged, and even sentenced. Knowing and asserting those rights can be crucial to securing a positive outcome in your case.
The best way to protect your rights in a Gilbert DUI case is to contact legal counsel as early as possible. The experienced attorneys at Grand Canyon Law Group can shield you from police interrogations and investigate their tactics for any rights violations. If the police or prosecutors violate your rights at any point, we can use the violation to suppress evidence or get the charges lowered—or even dismissed.
The main rights that every driver should exercise during a DUI stop are the right to remain silent and the right to an attorney. Anyone pulled over for DUI should exercise their rights and politely decline to answer questions beyond basic identification.
However, many drivers misunderstand or do not know about their other rights when pulled over by the police. For instance, most drivers are unaware that they can refuse field sobriety tests without consequences. It is best to politely decline these tests, as the results are subjective and can hurt the person’s DUI case down the line.
On the other hand, refusing a blood or breath test does have negative consequences due to implied consent in Arizona. Here, a refusal can come with a license suspension or revocation. If the officer requests blood or breath testing, the driver should consent but ask to speak with legal counsel first. Our Gilbert attorneys can help protect the driver’s rights throughout the DUI investigative process.
After taking the tests, the officer will release them within several hours. They will either give a court date or tell the driver to look for something in the mail.
Drivers are under no obligation to consent to vehicle searches during DUI stops. The officer may search the car anyway, but it is still best to say no. A skilled Gilbert lawyer could potentially use the refusal to argue that the DUI search was improper and violated the driver’s rights.
Reading somebody their Miranda rights has nothing to do with the legality of a DUI stop. Many people think the officer must have violated some rule if they did not read their Miranda rights after a DUI arrest.
However, officers are only obligated to read Miranda rights once the driver is in custody and the officer is asking them questions. After a DUI arrest in Gilbert, the driver should contact a diligent lawyer immediately to discuss their rights and prevent crucial mistakes.
Getting an attorney onboard as soon as possible is crucial to securing the best possible outcome in your DUI case. Legal counsel can help with Motor Vehicle Department proceedings and driver’s license consequences while your criminal case is pending. They can also protect your rights against police investigative tactics and prevent you from accidental self-incrimination.
Learn your rights in a Gilbert DUI case by speaking with the knowledgeable attorneys at our firm. We believe you have a way of life worth protecting, so call Grand Canyon Law Group today to learn how we can fight for you.