Rights During a Brunswick County DUI Stop 

A Brunswick DUI stop can be a stressful experience. The additional stress of interacting with law enforcement can make an already tense situation much worse.

However, it is important to remember that you still have rights during a Brunswick DUI stop. A knowledgeable lawyer can further explain the rights that drivers have during DUI stops and can advocate on your behalf if your rights have been violated.

Vehicle Searches

Generally, during a DUI stop, the vehicles are going to be impounded. Obviously, the driver cannot drive the vehicle away so the person is going to be looking at an inventory search, at the very least.

If the person admits to having some sort of weapon or other illegal contraband, most frequently, drugs or on top of having probable cause to believe that the person is committed a DUI. For instance, they can smell the odor of marijuana; they are going to be searching on the side of the road as well.

Consenting to a Search

If someone is arrested for DUI and there is no one else to drive the vehicle, the vehicle is going to be impounded by law enforcement. The vehicle is going to be subject to an inventory search whether or not the driver consents.

If there is another probable cause for the person, as they are being arrested, there can be a search incident to arrest in the nearby vicinity of the person being arrested in the vehicle. There are a number of different ways that officers can get probable cause to search a vehicle without consent.

One misconception is that drivers must consent to a search. It is within a driver’s rights during a DUI Brunswick DUI stop to not consent to a search.

Implied Consent

Implied consent in Virginia says that a person is lawfully arrested by an officer who has probable cause to think that they have been drinking.

The person, in a way, automatically consents by driving on the highways of Virginia to a chemical analysis to discern, whether or not the person happens, they are driving under the influence of alcohol or any other chemicals.

Miranda Rights and DUI Arrests

A lot of people think that not getting read Miranda rights somehow means that the arrest is not legal. Miranda is tied to interrogation, but one of the rights during a DUI Brunswick DUI stop is the person’s right to remain silent.

If the person has made a bunch of statements after their arrest and were never read their rights, those statements can still be used against them.

However, if they watch the person drink a bottle of liquor and go drive their car into a tree, they do not need the person to make any statements. Also, a confession is not needed if there is a video.

Rights During Questioning

The person always has a right to not volunteer information to law enforcement. The person has a right to know why they were stopped, and the right to not be unreasonably detained for a certain period of time. It is going to vary based on what the police officer’s probable cause for the stop.

If the officer pulled the person over for a dangling object and they do not have any reason beyond that to hold the person or to think that the person is driving under the influence (such as glassy eyes or the odor of alcohol) then they cannot hold the person there to fish for additional information.

In that case, they have to let the person go as soon as the person has either been given a ticket within a reasonable amount of time or given a warning for whatever that initial offense was.

Rights After the Arrest

If the person is arrested, the officer should give the person their Miranda rights. Regardless, the person should not make any statement to police and they should request an attorney as soon as possible.

Someone can ask for a lawyer at any time, but they are not going to pay much attention to a request until after the person is placed under arrest or questioned.

If you have any questions about your rights during a Brunswick DUI stop, you should contact a capable attorney who will advocate for you.