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Rights During a Dale City DUI Arrest

A DUI stop can often be an intimidating experience, as an individual has the potential to be charged with a DUI if law enforcement chooses. Although these stops can be overwhelming, it is important that an individual be aware of their legal rights during the stop and consult with a Dale City DUI attorney immediately if an arrest takes place.

Consenting to a Search

During a Dale City DUI stop, an individual does not need to consent to a search. A person should not consent before their stop, during the traffic stop, or any time up to their arrest.

After the arrest, law enforcement will be able to search the vehicle pursuant to an inventory search.  However, that is different than when the police are searching on the side of the road. Pursuant to impound means law enforcement actually have to take a person’s car to the impound lot and follow a set of procedures that are written out and agreed upon to search for any contraband.

Rights Following An Arrest

After someone is arrested, an individual is entitled to more protection that attaches to their arrest. A person’s arrest might not be a formal arrest, and a person can sometimes be considered in custody of the police and under arrest for the purposes of the Constitution. This happens under a variety of circumstances, such as if:

  • The individual is not free to leave
  • There are certain indicia of action on the part of the police
  • The police are interrogating someone
  • Law enforcement have the person in handcuffs
  • Police officers have that person in the back of their vehicle
  • Law enforcement has that person in a room and they cannot leave

All of those are situations where that person could be considered arrested even though they technically have not been arrested for a charge.

Miranda Rights

After a person is arrested, an individual is entitled to have their Miranda rights read to them before being interrogated. A person’s Miranda rights are going to tell the individual that anything they say will be held against them, and the person has the right to speak to an attorney at some point in the process.

Miranda rights do not need to be read to anyone unless the officers are trying to interrogate them. If anyone is arrested and brought to detention and their Miranda rights are not read to them, that is not going to be an issue unless they are asking questions. If law enforcement does not read the individual their Miranda rights and they voluntarily give information without being asked questions, for example, the statements will not be protected under the Miranda rights or any constitutional rights.

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