Being stopped for a DUI can be an overwhelming experience. Many people do not realize that they are entitled to certain rights, during DUI stops. That is why it is important to work with a lawyer that could help ensure that your rights are protected. If you want to know more about your rights during a Fredericksburg DUI stop, speak with a distinguished DUI attorney that could advocate for you.
Anytime someone is arrested for DUI, their vehicle will be searched. This is because, after arresting a driver for DUI, the most common scenario is for that vehicle to be towed. When the police impound the vehicle they have to do an inventory search of the vehicle. It also means that any illegal substances or any contraband that is found in the vehicle will be seized and charged as well.
While a person has many rights during a Fredericksburg DUI stop, they still must endure vehicle searches of their vehicle, if the officer has probable cause. Individuals never need to consent to a search of the vehicle. If a police officer has probable cause for a search of the vehicle, they will search the car, but a person should never give them consent. Giving someone consent to search a person’s car gives up the right not to have the car searched.
If they find some evidence against the person, even if the person did know it was there, it still will be used against them. There is no requirement that a person consent to anything, this is why they have to ask for consent. The person has a right to not have their car searched.
Implied consent is an agreement that licensed drivers make with the Commonwealth. That is, when a person gets an operator license in Virginia, they agree that if the police have probable cause for an arrest, the person will submit to a breathalyzer, a blood alcohol analysis test, or a blood test to determine alcohol or drug content in their blood while they were driving.
In DUI cases in which an officer feels they have probable cause, they will arrest an individual and take them to the police station for a breathalyzer test or a blood test. When that individual refuses to take the blood test, they are charged with refusing to take a blood or breath test due to their having consented when they received their Virginia operator’s license. Someone who is charged with a refusal to give a blood or breath test stands to lose their driver’s license for a year for a first offense. Subsequent offenses can involve criminal penalties.
The act of being stopped under suspicion of DUI does not change an individual’srights during a Fredericksburg DUI stop at all. A person has the right not to answer questions they do not want to answer. A person has the right not to incriminate themselves. A person has the right not to perform tests on the side of the road that they do not want to perform.
A person has the right not to give evidence, voluntarily, of a crime they may have committed to the police. Those rights do not change. Most importantly, a person has the right to have an attorney and should inform the officer as soon as possible that they are not willing to perform any field sobriety tests and are not willing to answer any questions without an attorney present.
Once an individual is arrested, their rights are severely curtailed. However, the individual does have the right to have an attorney. A person still has the right to remain silent. A person has the right not to further incriminate themselves. Most of the time, by the time someone has been arrested for DUI, the police have gathered evidence against them. However, it is still important to observe one’s rights completely and not give the police any additional evidence they do not already have. If a person wants to know more about their rights during a Fredericksburg DUI stop, they should speak with a knowledgeable DUI lawyer.
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