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Your Rights At a DUI Stop in Henrico

Even if you have been arrested and charged with a crime, you still have rights that may not be impeded upon by law enforcement. Below, a Henrico DUI attorney discusses your legal rights at a DUI stop and arrest and the most common constitutional issues that come up in DUI cases. If you believe your right may have been violated call and schedule a free consultation today.

Miranda Rights at DUI Stops

If you are not read your Miranda rights you can still be charged and convicted. Miranda is not required for every arrest. Miranda is required only if the officer is going to question you after your arrest.

What Are Your Rights at a DUI Stop?

During a DUI stop you can refuse to take field sobriety tests, refuse to answer questions, and refuse to take the preliminary breath test. All of which, in many cases, is the smart thing to do. With that said, however, the BAC test at the police station carries increased penalties for a refusal and so depending on your circumstance it may or may not be a good idea to refuse.

What Are Your Rights During and After DUI Arrests?

After an arrest, you have the right to remain silent and not answer any further questions.  You can also refuse to take further field tests.  If you refuse to take the BAC test at the station, however you can also be charged with refusal and your license will be revoked for 12 months, although a restricted license is available in some circumstances.

Can you contact an attorney during the DUI Stop?

No you cannot. You cannot contact an attorney during a DUI stop. You have not right to contact an attorney during a DUI stop nor will the office likely allow you to contact an attorney during your stop.

Constitutional Issues in Henrico DUI Cases

The main constitutional issue we see that come up in a DUI cases are fourth amendment issues regarding probable cause for search and seizure.  These typically relate to the stops themselves and if there was probable cause for the stop and subsequent arrest.  We try to raise issues regarding the stop and if there was significant grounds for the stop, tests, and arrest for DUI.

The main examples again come down to challenging why an officer conducted a stop, was there reason enough for a stop.   If they officer stopped you for no apparent reason or for no violation of law, we can argue the stop was improper and evidence obtained from such a stop was invalid.

If we can raise a strong enough issue, it can ultimately result in either a reduction or   possibly a dismissal of the case itself.

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