Rights During a DUI Stop in Wicomico County
If you find yourself facing potential DUI charges in Wicomico, contact a qualified attorney as soon as possible. A knowledgeable attorney with local knowledge will be an invaluable asset as you prepare to face the charges. They can also be helpful long before you appear in court, offering advice and guidance through the process as soon as you are taken into custody. They can also evaluate to ensure that your rights were protected during the DUI stop.
Questioning
When a person is pulled over on suspicion of a possible DUI, the police officer will begin with a series of questions to determine whether the driver is, in fact, driving under the influence. At that point, the driver is not yet legally entitled to an attorney.
However, if and when they are taken into custody, that legal right becomes effective immediately. Generally, the first opportunity that an individual has to speak to an attorney will be at the station, usually at the point when they are asked to submit to a breath test which will determine blood alcohol content. The attorney will be able to advise their client on how to proceed.
Vehicle Searches and Consent
There are circumstances that will often lead to a search of the vehicle, but officers generally tend to focus more on administering the sobriety tests to see if someone is okay to drive. Typically, an officer requires the consent of the driver in order to perform a search of the vehicle.
The exception to this is if the officer has probable cause to search the vehicle, such as the visible presence of drug paraphernalia, or the scent of illegal drugs. In that case, the officer they need consent, unless they arrest the driver, and then the officer can search.
Once an arrest has been made, the law allows law enforcement to search a vehicle. Often, the officer is not likely to search the vehicle during a stop. However, if they wish, the law does permit them to conduct what is commonly referred to as a search incident to arrest.
Rights
It is important to note that the Miranda Rights do not legally need to be read to someone until an arrest takes place. Up until that point, there is no requirement that a person is advised of their rights and the fact that anything they say can and will be used against them in a court of a law, during a DUI stop.
With that in mind, a driver who has been pulled over is under no obligation to answer any of the questions posed by the officer. The same applies to the field sobriety tests as well as the breathalyzer test designed to measure blood alcohol content. While refusal is a viable option, keep in mind that it may lead to an arrest for violation of what is commonly known as implied consent.
After an arrest is made, the individual in question will be taken back to the station and processed. Once there, they will be asked to take a breath test, which they can also refuse. If they so choose, they can speak to an attorney when deciding whether or not to take the test. An attorney can advise them on how to proceed.
How An Attorney Can Help
Being pulled over for questioning can be intimidating. It is important to know your rights, most immediately that you have a right to refuse to answer questions and take sobriety tests.
If an arrest takes place, and once you find yourself in custody, you are legally entitled to contact an attorney, which you ought to do as soon as possible.
An experienced DUI lawyer will be able to guide and advise you every step of the way, working to build the strongest defense possible in your case.