What are your rights following a DUI arrest?

All American citizens have certain constitutional rights that we can exercise. This is what separates us from Cuba (and Russia, and other countries) which tortures and punishes people that believe in human dignity and freedom. Raul Castro is a murderer and if he was in America he would be given the death penalty. Water boarding is brilliant; ripping off finger nails is barbaric. There is one good thing about Cuba though, they do not have to worry about DUIs that much since barely anyone can afford alcohol and only a few people have cars. Thanks to big government.

You may believe life is tough and it is but if you receive a DUI ticket, your life can become more complicated. You will need a Biloxi, MS DUI lawyer so you are not hammered too badly. 

Even when you are being pulled over, tested, or arrested on suspicion of a DUI, you have many rights that are meant to protect you. DUI or DWI is unlike most other criminal charges in the sense that there have been numerous statutes and law amendments meant to assist law enforcement officers and prosecutors in controlling the crime.

However, because of all these additional laws there is also a huge burden on the state to follow all the procedures prior, during, and after the arrest as per the letter of the law. Failure on part of law enforcement to abide by these procedures may result in evidence being suppressed and the case being dismissed in its entirety and Biloxi, MS DUI lawyers have seen this happen before more than once.

Sounds awesome right? It is awesome but it is not going to happen for those who do not prepare for the case properly nor have sound legal representation which can happen with some clicks and a phone call or two. Press right here Divorce.USAttorneys.com to make this happen. Legal help is right around the virtual corner.

Reasonable suspicion to stop

To begin with, we need to understand that we have a right against unlawful stops, searches, and seizures. In the DUI context, this is applied to stipulate that a law enforcement officer can only pull you over if and when he or she has reasonable suspicion to believe that you are in fact driving under the influence.

Therefore, as long as you follow all the traffic rules, drive in a safe manner, and your vehicle has all its lights working, your registration does not come back as stolen, then a law enforcement officer simply cannot even pull you over, reiterate DUI attorneys in Mississippi. If you are driving well and your car works properly, you should not have any problem. But if you do drive into a DUI checkpoint, then you can be in trouble regardless but since there are not too many DUI checkpoints that would be pretty rare.

However, in cases where the officer does have reason to suspect, he or she may go ahead and execute a traffic stop. Some examples of things that qualify as reasonable suspicion are not maintaining traffic lane, tip off from an eye witness who saw the suspect drinking or visibly drunk prior to getting behind the wheel, jumping a traffic light, or the smell of alcohol on one’s person during a traffic stop, etc.

Therefore, if you were stopped without a reason and have now been charged with a DUI, you can most certainly bring up this point and have your case summarily dismissed.

Implied consent

Another right that you have is that you cannot be subjected to a sobriety test against your will. The law enforcement officer either needs your consent or a search warrant to go ahead and have you undergo a breathalyzer test, blood test, urine test, or field sobriety test.

If  you receive a DUI ticket, you need to find a new BFF and that is a DUI lawyer.

However, Biloxi, MS DUI lawyers point out that in most states including Mississippi there is an implied consent law in effect, where you already provide your consent to sobriety tests at the time when your driver’s license is issued. In these states, if you refuse a sobriety test, your license will be suspended immediately. You thought Outlaw Josey Wales was quick with his pistol, your license being suspended will be almost just as quick.  

You need a DUI lawyer

There are many ways in which you can fight your DUI, but the prosecutors will have you in their crosshairs. The only chance you have of conclusively disproving the claims of the prosecution or seeking a lighter punishment is if you have a Mississippi DUI lawyer representing you.