What are your rights following a DUI arrest?

Thanks to the US Constitution, we have certain constitutional rights at all times unless we chose to waive them off. Even prior to, during or after an arrest, the arrested suspect has some rights that he or she can exercise. This is not Venezuela, Russia, or Cuba! This is America and this is why all those people want to come here but they cannot because America is beyond tapped out and has enough unskilled labor as it is. 

Here we will touch upon the rights of an individual specifically following a DUI arrest.

Right to due process

After any arrest, including a DUI arrest, the suspect has the right to due process. As per DUI lawyers, the right to due process is brought to us courtesy of the Fifth Amendment and Fourteenth Amendment to the Constitution. These amendments dictate that the government cannot take the life, liberty, or property of any person without due process of law.

In essence, due process is about justice in the sense that no person can be convicted for DUI without a fair hearing.

When talking particularly about DUI arrests, you may exercise this right to ensure that the state gives you the opportunity of a hearing prior to the suspension or revocation of your driver’s license, say DUI lawyers.

But driving is not seen as a right and instead is deemed a privilege. Therefore, you may not always be given a jury trial before your license is suspended or revoked.

The world as you know it may be upside down. But do not worry, it will right itself soon and if it does not, no worries since this website http://dui-lawyers.usattorneys.com/ does know what is upside or downside - it just knows the law and enables someone like you to find legal help no matter how confused or bewildered they are. If you need a DUI lawyer, the digital tool you need to use was just laid before your feet. 

Right to discovery and exculpatory evidence

When being prosecuted as a possible criminal, you have the right to evidence. Therefore, the state will have to disclose or hand you over information that you can use as evidence if and when requested. A lot many people are unaware of this right and fail to exercise it says DUI attorneys who have helped hundreds of people charged with DUI beat their case or at least have some of the charges eliminated.

There is difference here when it comes to felony cases and misdemeanor cases. In felony cases, full reciprocal discovery is required whereas in misdemeanor cases discovery is rather limited.

In many states, misdemeanor suspects are only entitled to statements made by the accused, scientific reports, evidence presented and some other evidentiary material such as 911 recordings, crime scene photos, etc.

Right to remain silent

It often happens that a DUI suspect answers interrogations by law enforcement officers not knowing that they do not need to answer any questions if they don’t wish to. They have the right to remain silent. If you do say something, then it can and will be used against you in a court of law.

The best thing to do when questioned would be to politely decline answering and refer these questions to your DUI lawyer instead.

Right to the presumption of innocence

Even though you have been pulled over, chemical tested for intoxication and then arrested, you are technically still innocent until proven otherwise. The burden of having to prove your guilt is upon the prosecutors, and if they fail to do so then you will be ruled innocent and acquitted of the charge. This is what is known as the right to presumption of innocence.

There are several other rights that you can exercise after being arrested for a DUI or ways to beat these charges or have them reduced. Contact a DUI lawyer today to find out what these are and how you can use them in your favor.