Rights During a Somerset DUI Stop

Many mistakes that are made on the belief that you have to be cooperative with the police. It is important for you to understand that they do have the right to refuse to participate in an investigation. Contact an experienced drunk driving attorney to learn more about your rights during a Somerset DUI stop.

Cooperation With the Police

Being unaware of their rights Somerset DUI stop can cause someone issues in their case. People naturally feel this obligation to be cooperative with the police which can be considered a very common mistake. Another mistake is, not fully understanding what the consequences could be if someone decides to take a breathalyzer test because the tests result can be used against them in court. And it can be the biggest piece of evidence that the state might have.

It is important for the accused to try and get their own independent advice about whether or not to take the breath test. There are consequences for refusing to take the breath test and there are consequences if the individual has previously taken a breath test. It can be beneficial to get advice about that before making a decision.

Obligations to be Read Miranda Rights

The only time that a police officer needs to read the Miranda Rights to someone is if someone is in custody and the police officer wants to ask the individual a question. A lot of people do not understand that and often times in the initial consult, the potential client will claim that the officer never read the Miranda Rights but they don’t have to unless they want to use a statement against them at trial. Sometimes, people will say things to a police offer that may not be considered a response to a question. The legal term what it means to be in custody changes every time the Court of Appeals takes the case that addresses the definition of the word custody. If someone is not read their Miranda Rights, it may not make a better difference at trial.

Speaking to an Attorney About Rights Following an Arrest

You have the right to consult with an attorney about your rights Somerset DUI stop. You also have the right to not incriminate  yourself so you can’t be forced to answer questions. You cannot be forced to take field sobriety tests. You have the absolute right to refuse to do those things.

Most of the protections that are afforded to under the Fourth, Fifth, and Sixth Amendment to the Constitution.  Once you are arrested, you have the right remain silent. You have the right to interact with an attorney and get the advice of counsel. After an arrest, that may be the point where you are going to be asked if you would consent to taking a breathalyzer and again, you have the right to consult with an attorney before making that decision.