As an American citizen, you have certain
constitutional rights which protect your freedom and ensure that you are treated
justly by law enforcement and other government officials. It is vital that you
are aware of these rights and exercise them as and when required.
The Philadelphia 76ers may not be so impressive but drunk drivers are far worse. |
Drunken driving has got a lot of
attention in recent years and has emerged as the number one threat to public
safety in America. As a result, Philadelphia, PA DUI lawyers point out that law
enforcement officers are always alert and on the lookout for drunk drivers.
While this is good and it makes our
roads safer, we also need to keep in mind that law enforcement cannot simply
stop anyone when they please and subject them to checks or sobriety tests.
There are specific procedures that need to be followed.
Let us look at what rights you have following
a DUI arrest and if you need DUI legal assistance or any other legal help for
that matter click right here @ DUI-USAttorneys.com. A legal
professional can be right around the digital corner.
Philadelphia, PA DUI lawyers would rather see people drinking water before they drive rather than alcohol. |
Reasonable Suspicion
To begin with, unless a law enforcement
officer has sound reason to believe that you may be driving under the
influence, he cannot pull you over. Therefore, as long as you follow traffic
rules and do not voluntarily drive into a DUI checkpoint, a law enforcement
officer cannot stop you or subject you to sobriety tests, in the opinion of
Pennsylvania DUI attorneys.
However, things that may qualify as
reasonable suspicion include the inability to maintain traffic lane, stolen
tags, stolen vehicle, jumping a signal, reckless driving, and speeding, to name
a few.
Now if you have seen the movie Crash you
will know what stolen tags are since they were stealing cars in that movie. Well,
two of the characters were. Anthony as Chris 'Ludacris' Bridges (Ludacris) and
his partner were car thieves. Now they could be pulled over by a police officer
if that police officer has a report of that car being stolen. So if you are in
a stolen car then the police have much more probable cause to pull you over.
If you are in your car and driving
properly you should be left alone.
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 consent. You have the right not to submit to such searches if they do
not possess a search warrant.
Therefore, even if you are stopped and
asked to take a breathalyzer test or a field sobriety test, you can simply
refuse. However, DUI lawyers in Philadelphia, PA caution that in states like
Pennsylvania where the implied consent law is in effect, a refusal can lead to
the automatic suspension of your driver’s license. This is because the state
acquires your consent at the time of issue of the license.
The Right to Remain Silent
Law enforcement officers are certainly
going to subject you to interrogation after pulling you over or arrest you for a suspected DUI. However,
you have the right to remain silent and refuse to answer any questions. It
would be prudent to simply refer the questions to your legal pro instead. Keep
in mind that anything you say can and will be used as evidence against you in
court.
If you have been arrested or charged with a DUI, you need a Pennsylvania
DUI lawyer to get working on your defense. It is possible to beat your DUI case
or get the best possible outcome as long as you make that first step and seek
legal counsel right away.
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