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What important points should I remember in a DUI stop?

During a stop for allegedly driving under the influence, you have specific rights that apply. At the same time, you also have some responsibilities.

If you are inebriated, you might have trouble thinking clearly. Hopefully, you will remember these important points so that you can make decisions about how you handle the stop.

Do I have to provide any information?

In most cases, you should provide basic information like vehicle registration, insurance documentation and driver's license. You don't have to provide any other information, but you should understand that if you do opt to answer other questions, that information might be used in a case against you.

Police officers don't have to read your Miranda rights to warn you about your right to remain silent unless you are in police custody. When you are first pulled over, you probably aren't in police custody. If you are officially in police custody and aren't read your Miranda rights, what you say might not be admissible in court.

Do I have to take the tests the officer asks me to take?

No. However, if you opt not to perform roadside sobriety tests, you can face consequences like a suspended driver's license due to the state's implied consent laws. If the officer is able to obtain a warrant for test samples, you then have to provide those samples per the requirements of the warrant.

Throughout the traffic stop for suspicion of DUI, the officer still must respect your rights under the Constitution. If you have any concerns about what was done during the stop, make note of those concerns so that you can address them with your defense attorney.

Source: FindLaw, "DUI Traffic Stop FAQs," accessed Jan. 19, 2017

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Ronald E. Smith, P.C.

criminal defense & Social security disability law

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