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Addressing rights violations during a DUI stop

On Behalf of | May 12, 2020 | DUI

When many people are pulled over for driving under the influence, they become intimidated and overwhelmed by what is taking place. Unfortunately, some do not have much familiarity with their legal rights and do not recognize rights violations, while others are so stressed out that their mind goes blank and they have no idea what to do next. 

There are a number of ways in which drivers’ rights are violated during DUI stops and we will explore a few in this blog post. 

Self-incrimination and sobriety tests 

For starters, drivers have the right to avoid self-incrimination during a drunk driving stop. For example, drivers do not need to provide certain types of information that will incriminate them to law enforcement officials. Moreover, it is important to note that the laws vary from one state to the next, drivers are able to refuse field sobriety tests. While drivers do refuse breath tests, this is usually associated with harsh penalties. 

Excessive force, Miranda rights and other issues 

Those stopped for a DUI are legally protected from the use of excessive force and police brutality. Moreover, law enforcement officials are required to read drivers their Miranda rights if they are taken into custody (prior to interrogation). It is also important to identify unlawful search and seizure as well as any other violations that occur during and after a DUI stop. 

Some people do not recognize these violations and it is vital to realize how much of an impact they often have on the outcome of a DUI case. Explore our website for more information.