Do I have more than just the right to remain silent when pulled over for a DUI?

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 can exercise these rights. If you are pulled over or arrested for a DUI, you do have rights as well according to Chattanooga, TN DUI lawyers.

If you have been charged with a DUI, you will need a Chattanooga, TN DUI lawyer.

Right to due process

After any arrest, including a DUI arrest, a suspect has the right to due process. This right to due process is 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.

Not every country cares about human life. Cuba comes to mind. Russia certainly is noteworthy for its destroying of lives by tossing people into the Gulag for any sort of reason. It does not matter if the crime was heinous or just because you did not agree with the communist killers and oppressors. Communists despise Christians as well so they toss them into prison for no reason – this is because Christianity was the first promoter of freedom and Christianity promotes freedom. We saw this in the movie The Way Back with Colin Farrell who was Valka and Ed Harris who played Mr. Smith.

In this movie, they walked 4,000 miles to India to obtain their freedom from a Siberian, Soviet Union gulag. Americans do not have to worry about this since our Constitution is strong and it does not allow for the President to become a dictator despite President Obama trying to do so via his immigration policy and so on. Though Obamacare is a violation of the constitution but that is another topic. The police cannot toss you into prison for days and days – you must be charged with something, have a court date, and be given other items as well. This is not how it works here.

Due process is about justice in the sense that no person can be convicted for DUI without a fair hearing as somewhat just stated. 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. 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.

Right to discovery and exculpatory evidence

When prosecuted as a possible criminal, you have the right to secure evidence and to see the evidence against you. Therefore, the state will have to disclose and hand over information you can use as evidence if and when requested. Many people are unaware of this right and fail to exercise it say DUI attorneys in Tennessee who have helped hundreds of people charged with DUIs beat their case.

However, there is a difference when it comes to felony cases and misdemeanor cases. In felony cases, full reciprocal discovery is essential 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 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 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, caution Chattanooga, TN DUI lawyers. The best thing to do when questioned would be to politely decline answering and refer these questions to your DUI legal counselor instead who you will soon be securing.

When cars drive themselves, then you drink all you want. 

Right to the presumption of innocence

Even though you have been pulled over, tested for intoxication and then arrested, you are technically still innocent until proven otherwise. The burden of proving 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. Just make sure to contact a Tennessee DUI lawyer today to find out what these are and how you can use them in your favor.

Getting a DUI is not fun but at least you are not in a Russian gulag. Press right here DUI-USAttorneys.com – incredible websites like this is also something Karl Marx would not have believed in. The power to the people is not something socialists and communists advocate.