Should I Ask for a Lawyer at a DUI Stop?
Asking for a lawyer at a DUI stop may not be granted. The difference between being stopped for drunk driving or caught in a DUI stop is that the individual is not always arrested on the spot or read their Miranda Rights. However, in many instances, the police officer does not need to question the person and relies on evidence such as what is recorded on a dash cam.
At the scene, the officer may record dialogue they had with the suspected drunk driver, his or her actions when tested to show an elevated alcohol level or a Breathalyzer test is administered. The officer does not need to read the Miranda Rights to do these.
What Are the Miranda Rights Used For?
The Miranda Rights tell an arrested person their rights before being questioned. Under Miranda, the arrested individual has the right to stay silent and anything they say can be used in court. The arrested person is also told that they have a right to an attorney, and if they are unable to afford one, a lawyer will be appointed to help them. These rights prevent the arrested person from incriminating themselves. It does not matter where the person will be questioned – the police station or the DUI stop – the Miranda Rights must be read before questioning occurs.
What Happens If the Individual Must Be Questioned at the DUI Stop?
If questioning is needed at the DUI stop, then the police must read the person their Miranda Rights. Once this is done, the individual has the right to call a lawyer and remain silent until the lawyer arrives.
Should I Talk to Police at the DUI Stop?
Most lawyers advise that a person stopped for a DUI remain quiet at the scene. This is done to prevent self-incrimination. Other than specific contact information, remaining silent is a good way to avoid giving police data that would justify an arrest. Once the attorney has arrived, it is possible to answer questions with input from a lawyer.
Why Do I Need a Lawyer After a DUI Stop?
It is not surprising that you need an attorney after being arrested for a DUI. If convicted, your life can change in an instant, your freedom is taken away and, in many cases, your job. So what can a lawyer do to help? They can:
- Utilize defenses that may result in the charges being dropped
- Work to have the charges downgraded to a non-DUI charge
- Help their client enter the ARD (Accelerated Rehabilitative Disposition) program that reduces jail time, lessens the time the individual’s license is suspended and eventually rids their record of a DUI
Travis Law Firm
Having an attorney on your case as soon as possible is important. They will assess the evidence such as field sobriety and Breathalyzer tests to ensure that protocol was followed. Don’t let your life be ruined by one mistake. If this happens to you in the Erie, Pennsylvania area, call the Travis Law Firm at (814) 277-2222 to discuss your case. You can also reach out to us online.