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What are your rights during a DUI stop?

On Behalf of | Jun 5, 2023 | DUI

Drunk driving is a serious offense with severe consequences, and being pulled over for suspected DUI can be a stressful and overwhelming experience. However, it’s crucial to remember that you have rights whether you’re drunk or not. Knowing these rights can help ensure you’re treated fairly. 

What’s more, understanding what you can and cannot do during a DUI stop can make a significant difference in the outcome of your case. So what are your rights during a DUI stop?

The right to remain silent

One of your most fundamental rights during a DUI stop is the right to remain silent. You are not obligated to answer any questions beyond providing the necessary identification and documents, such as your driver’s license and vehicle registration. It is important to exercise this right respectfully, clearly stating that you choose to remain silent until you consult with legal counsel.

The right to refuse field sobriety tests

During a DUI stop, an officer may ask you to perform field sobriety tests, such as walking in a straight line or balancing on one leg. It is essential to note that you have the right to decline these tests without any penalties.

While implied consent laws can result in administrative penalties for refusing a breathalyzer or chemical test, the field sobriety test is not mandatory in Texas. As such, you need not worry about any consequences.

The right to refuse a search

Law enforcement officers may also ask permission to search your vehicle during a DUI stop. Unless the officer has probable cause or a valid search warrant, you are not obligated to allow them to search your vehicle. It is important to assert this right politely but firmly, stating that you do not consent to a search.

The right to legal representation

If you are arrested during a DUI stop, it is crucial to remember you have the right to legal guidance. It’s in your best interest to exercise this right and refrain from answering any further questions without it. This will help ensure your rights are protected and that you have the chance to build a strong defense strategy.

These rights exist to help ensure fairness and protect individuals from potential violations. If you find yourself in a DUI stop, it is essential to stay calm, be respectful, and assert your rights while cooperating within the boundaries of the law.