Know Your Rights – DUI

If you are pulled over or stopped at a DUI check point:

1) Under the 5th Amendment to the United States Constitution, you have the right to remain silent.

2) Under the 4th Amendment to the United States Constitution, you are protected against unreasonable searches and seizures.  This means that you do not have to consent to a vehicle search if you are pulled over or stopped at a check point.

3) If you are asked to complete a field sobriety test (i.e. horizontal gaze nystagmus, walk and turn, one leg stand, or portable breath test), you have the right to refuse a field sobriety test with no adverse consequences to your license.  A decision to make an arrest has usually already happened by the time an officer requests a sobriety test.

4)  If you are placed under arrest for DUI, the officer must read the implied consent warning to you prior to administering a breathalyzer or requesting a blood sample.  You have the right to refuse a breathalyzer or blood test.  However, if you refuse, you will likely face a one year license suspension, and the officer can request a search warrant in order to test your blood.

5) You always have the right to an attorney if you are being charged with or investigated for a crime.  If you request an attorney, the officer can no longer ask you questions.

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