Know Your Rights on DUI Charges
DUI charges are extremely serious and should never be taken lightly. A DUI charge can result in a criminal conviction that can lead to incarceration and a permanent criminal record, so you need to be absolutely clear on what your constitutional rights are regarding DUI charges.
The two major constitutional rights that affect DUI charges are the following:
- 5th Amendment Right Against Self-Incrimination
The 5th Amendment is closely linked to what you’ve heard on television as “Miranda Rights,” which are so named because they were articulated in a case called Miranda v. Arizona. Your right to remain silent is absolute, and you don’t have to answer any questions if the answers might incriminate you in any way — and this begins from the time you get pulled over by the police.
Absolutely everything you say to a police officer before you are read the Miranda rights can be later used against you, so remember your 5th amendment right to keep quiet and not say anything self-incriminating from the time you’re pulled over.
- 6th Amendment Rights to Representation and Jury Trial
The 6th amendment protects the rights of the criminally accused, and among them are your rights to a lawyer and to a trial in front of a jury of your peers; if you do end up going to trial, you absolutely want an experienced DUI attorney by your side.
The 6th amendment is also related to the 5th amendment in the sense that if at any point you refuse to answer questions because you ask to speak with an attorney, officials should stop asking questions.
You should always ask to speak to an attorney as soon as possible because state law varies on the point at which you are legally entitled to counsel; depending on the jurisdiction, for example, your request for an attorney before the performance of a breathalyzer test without a proper reading of your rights could make the charges against you improper.
As always, do consult an experienced DUI attorney in your area for advice on how the DUI laws in your state may affect you.