Rights During an Alexandria DUI Stop
Knowing your rights during an Alexandria DUI stop is extremely valuable and can prevent you from being unlawfully searched. It is not uncommon for the police to take advantage of people who do not know all their rights. For instance, gathering evidence that the police may not have been able to retrieve if the individual knew he or she did not have to comply with performing a field sobriety test.
Specific Rights During a DUI Stop
During a DUI stop in Alexandria, an individual has a number of important rights that he or she can exercise such as The Fourth Amendment which guarantees an individual’s right to not be subject to an illegal search or seizure. This means that an individual does not ever have to agree to be searched unless the police have probable cause or reasonable suspicion to arrest him or her.
In addition, an individual has rights under the Fifth Amendment to not incriminate himself or herself. This includes the right to remain silent and the right to not participate in any tests that the police ask an individual to undertake.
Finally, a person has the right to an attorney under the Sixth Amendment. Although the individual will not be able to talk to a lawyer during the traffic stop, he or she will be able to receive the assistance from counsel later once they have been released from police custody.
Miranda rights exist to let people know what their rights are in a situation when they are under arrest and being questioned. Unfortunately, it is quite common for individuals not to be read their Miranda rights during an Alexandria DUI stop. In most DUI cases, however, by the time someone is arrested, the police no longer have a need to collect any evidence or interview people post-arrest.
Mistakes to Avoid During a Stop
The biggest mistake to avoid during a police stop are helping the police create evidence, which is ultimately going to be used to convict an individual. A person does not have to answer the questions that the police ask them beyond identifying himself or herself and providing his or her driver’s license. In addition, an individual does not have to participate in any of the field sobriety tests or other exams that the police administer. Again, these tests are calculated and exist to help the police create evidence that an individual is under the influence, and is important to decline to protect your rights
Drug Related Charges for DUI
Officers decide to charge someone with a drug-related DUI when there is evidence of impairment of the individual, but there is no proof of alcohol present. If a person performs poorly on field sobriety tests, but the preliminary breath does not show that there is any alcohol in their system, then very often the individual will be arrested for a drug-related DUI requiring them to take a blood test at the police station.