DUI Charges – Know Your Rights Article

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DUI Charges – Know Your Rights

Each year, the penalties associated with a DUI conviction are getting increasingly severe as states attempt to cut down on the amount of drunk drivers on the road.

Author: Sara Goldstein

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If convicted, you may face penalties including:

• Jail time
• Fines
• Driver’s license suspension
• Increased insurance rates
• Community service
• Counseling classes
• Ignition interlock device in your vehicle

In addition to these serious penalties, a DUI conviction can impact other areas of your life as well. Depending on what you do for a living, your DUI conviction may jeopardize current and future employment opportunities. It can also impact your eligibility for academic scholarships or your ability to secure a home or car loan.

Due to the serious stakes involved, it is crucial that you know your rights so that you do not inadvertently make it easier for the police to prove their case.

What to Do When You’re Stopped for DUI

The actions you make when stopped under suspicion of DUI may play a critical role in the outcome of your case. By knowing your rights, you can make it easier for a DUI lawyer to help you achieve the most successful outcome possible.

You should always be polite when interacting with a police officer. You will be required to provide your name, driver’s license, registration, and insurance information. However, you are not legally required to answer any other questions at this time. You have the right to politely decline to answer questions regarding where you have been earlier in the evening or how much you have had to drink. In many cases, it is best to exercise this right to remain silent.

If a police officer suspects you are driving under the influence, you will most likely be asked to submit to a series of field sobriety tests. These tests are highly subjective and inaccurate, and they can only hurt your case. In many situations, it is possible to be completely sober and still fail these tests. Most states have made field sobriety tests voluntary, enabling you to refuse them without receiving a penalty. If field sobriety tests are voluntary in your state, it is in your best interest to refuse to take one. While this will be included on the police report, you will still be limiting the evidence the police officer has gathered against you.

Breathalyzer tests, on the other hand, are generally mandatory in most states. If a police officer asks you to submit to a blood or breath test, it is generally best to do so. In many states, refusing to take a breathalyzer test may result in an automatic suspension of your license or be considered an admission of guilt.

You Need an Experienced DUI Lawyer

The stakes are extremely high when you are facing DUI charges. In order to ensure that your rights are protected, you will need to work with an experienced DUI lawyer who knows the laws which apply to your state.

A skilled and experienced DUI lawyer will be able to attack every aspect of the prosecutor’s case to make as much of the evidence inadmissible as possible:

• Was there probable cause to pull you over?
• Were all field sobriety tests performed correctly?
• Did the police officer’s observations provide sufficient grounds for arrest?
• Was the blood or breath test performed properly?
• Did the police officer fail to advise you of your rights or violate your rights during your interaction?

By having an experienced DUI lawyer on your side, you will greatly increase your chances of a successful outcome to your case.

To learn more about your rights when charged with a DUI, please visit the website of the Law Offices of Anthony Carbone, serving clients in Jersey City and Newark, New Jersey.

www.anthonycarbonepc.com

About Author

f you are in New Jersey and need legal representation, the Law Offices of Anthony Carbone, P.C. are here to help. We specialize in all types of legal representation, including family law, divorce filings, criminal defense, and personal injury litigation. If you have been hurt on the job, need help with child custody battles, or have been accused of a crime, contact us today to schedule your complimentary case evaluation.

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