What are your rights following a DUI arrest?

As an American citizen, you have certain constitutional rights which protect your freedom and they also ensure that you are treated justly by law enforcement and other government officials alike. It is important that we are aware of these rights and exercise them as and when required.

Drunken driving has been getting a lot of attention in the recent years and has emerged as the number one threat to public safety in America. As a result, according to Dallas, TX DUI lawyers such as the Law Offices of Robert S. Gregg law enforcement officers are always on the prowl to get drunk drivers just like terrorists such as ISIS and Al Qaeda are always trying to destroy freedom and liberty for anyone. The former is ethical, the latter are not.

While this is marvelous (regarding what the police are trying to do) and it makes our roads safer, we also need to keep in mind that officers cannot just stop anyone and everyone as and when they please and just subject them to checking or sobriety testing. There are some laws in place and some procedures that need to be followed. Let us take a look at what rights you have following a DUI arrest.

Reasonable suspicion

To begin with, unless a law enforcement officer has sound reason to believe that you may be driving under the influence, they cannot simply pull you over. Therefore, as long as you are following all the traffic rules and do not voluntarily drive into a DUI checkpoint, a law enforcement officer cannot stop you or subject you to sobriety testing and your DUI attorney in north central Texas and some of the best in the business is the Law Offices of Robert S. Gregg will let you know about this. 

However, things that may qualify as reasonable suspicion are the inability to maintain a traffic lane, stolen tags, stolen vehicle, jumping a signal, reckless driving, and speeding, to name a few.

Right to refuse sobriety testing

In order to lawfully search your person or car, law enforcement officers are required to either have a search warrant or your own consent. You have the right to not consent to such searches if they do not possess a search warrant. Have you seen The Shield? They searched many homes without a warrant but they had probable cause that that home was loaded with guns and drugs. In regards to a car, you can say no and the same to your home. This is not Cuba. The government should always be watched. Socialism has never worked and this is why America became America because of the violations of big government or a king for that matter.

Therefore and moreover, even if you are stopped and asked to take a breathalyzer test or a field sobriety test, you can simply refuse it. However, according to Dallas, TX DUI lawyers, such as the Law Offices of Robert S. Gregg who have a stellar track record and have hundreds and hundreds of satisfied clients in the Dallas area, in states where the implied consent law is in effect, a refusal can lead to the immediate suspension of your state driver’s license. This is because the state acquires your consent at the time that the license is issued to you that you oblige to any sobriety testing if suspected of driving under the influence.

Remember, having the ability to drive is a privilege, not a right. You do not have the right to drive in America. You must earn that right. When America begins to allow anyone to drive and not have any standards, it would certainly be chaotic on the roads and much more dangerous than it should be. 

The right to remain silent

Yes, law enforcement officers are certainly going to subject you to an interrogation after pulling you over or arresting you for suspected driving under the influence. However, you have the right to remain silent and refuse to answer any of these questions. The best thing to do would be to simply refer the questions to your legal representative instead when you have one. Keep in mind that anything you say can and will be used against you in a court of law as evidence. Treat the police with respect, there is a chance they do not write you up for what they could write you up for. Do not cuss at the police and throw bottles at them like the hoodlums did in Baltimore in The Wire. That only inflames the situation.

If you have been wrongfully charged with a DUI like what they do in Sacramento since that city is mismanaged and derelict, it is imperative that you appoint a north east Texas DUI lawyer and you cannot go wrong with the Law Offices of Robert S. Gregg and get started on working on your defense. It is possible to completely beat your DUI case, talk to a legal representative today to find out how.

Dallas has an outstanding business that builds custom cars and fixes cars as well. It is called Gas Monkey Garage and the show is called Fast N Loud. Well, Dallas also has a fantastic law firm known as the Law Offices of Robert S. Gregg. They may not be able to build you a fantastic shiny 67 Mustang but so what? The Law Offices of Robert S. Gregg can save you a lot of time and money which will allow you to do business with Gas Monkey like you always wanted to. If you do not want to do business with them - that is fine - but we and you know you want to save yourself time and money. 

Click right here GreggLawDallas.com to find the legal help that you need.