Almost daily, newspapers and television newscasts are full of stories of inappropriate behavior by law enforcement personnel. We recognize and support the majority of our law enforcement personnel as highly-trained professionals who treat all members of the public with the utmost respect. However, there are exceptions and you should understand your rights as well as your responsibilities if you are ever arrested for driving under the influence. If you are suspected of a DUI infraction or are arrested, you do have many rights guaranteed you by the US Constitution as well as law enforcement standards and practices.
What Should You Do If Stopped by the Police?
As a citizen, you have the right to professional treatment by law enforcement professionals. You also have additional rights guaranteed you by the US Constitution. It’s important that you understand your rights as well as your responsibilities to help you defend yourself if your contact with police results in any sort of legal action.
- Right to Remain Silent: You do not have to answer any questions about where you are going, where you are traveling from, what you are doing, or where you live. If you wish to exercise your right to remain silent, say so out loud. In some instances however, you may be required to provide your name if asked to identify yourself, and an officer may arrest you for refusing to do so.
- Protection Against Unreasonable Search & Seizure: You do not have to allow anyone to search your vehicle or to take any property from you. Law enforcement personnel will most likely ask for permission to search your vehicle and you may politely and firmly decline to have your person or your property searched.
- The Right to Refuse to Submit to a Breathalyzer Test: In conjunction with the right to remain silent, you also have the right to refuse to take a breathalyzer test. All roadside tests are voluntary until the time of arrest. However, you must understand that Colorado law deems that all motorists have given implied consent to submit to a blood or breath test in the event of a DUI arrest. If you are arrested for DUI or DWAI and subsequently refuse to take a chemical blood or breath test, it can lead to serious consequences, including an automatic one-year suspension of your driver’s license.
What to Do If You Are Arrested or Detained
- Say you wish to remain silent and ask for a lawyer immediately. Don’t give any explanations or excuses. Don’t say anything, sign anything, or make any decisions without a lawyer.
- If you have been arrested by police, you have the right to make a local phone call. The police cannot listen if you call a lawyer. They can and often do listen if you call anyone else.
Maher & Maher Law, PC: Defense Experts
The attorneys of Maher & Maher Law have years of experience successfully protecting the rights of their clients. They know the law. They work for YOU. If you are facing criminal charges or have concerns about how you have been treated by law enforcement, Maher & Maher Law can help you determine the best course of action. Don’t go it alone. Work with a professional attorney, experienced in criminal law. Having the right legal team in your corner can help you avoid or minimize criminal penalties. Call (719.301.7500) or text (719.424.0057) Maher & Maher Law today for a free consultation.