Thursday, May 7, 2015

RIGHTS WHEN ARRESTED FOR DUI DWI


Lawyer for DUI

By working with an experienced  DUI defense attorney, you can ensure that your rights are protected, and that any past violations do not result in an unjust conviction for your alleged DUI.


  • Right Not to Be Stopped Without Reasonable Suspicion – You have the right not to be stopped unless the police have “reasonable suspicion” to pull you over. Officers frequently cite invalid bases for making traffic stops, and when this happens the entire case should be dismissed.
  • Right Not to Be Arrested Without Probable Cause – You have the right to not be placed into custody unless the police have sufficient “probable cause” to make an arrest.
  • Right to Refuse to Take Field Sobriety Tests (FSTs) – You have the right to refuse to take FSTs. However, if you refuse to take a chemical BAC test, this refusal can be taken into consideration during your sentencing and at the DMV administrative hearing for suspension of your driver’s license.
  • Right to Remain Silent – You have the right to remain silent during the DUI arrest process. Aside from providing personally identifying information, you are not required to make any statements to the police or respond to any of their questions.
  • Right to Speak with an Attorney – You have the right to speak with an attorney and to have an attorney represent you at all stages of your Ventura DUI case. If you cannot afford to pay a private attorney, you have the right be represented by a public defender.
  • Right to Access Police Reports and Other Evidence – You have the right to obtain copies of the police reports from your DUI arrest and to review any other evidence the prosecutor intends to use against you should your case go to trial.
  • Right to Present Your Own Evidence and Witnesses – You have the right to perform investigations, interview witnesses, and subpoena witnesses to testify at trial. You also have the right to present other evidence (such as independent analysis of your blood sample) to help your defense.
  • Right to a Fair Trial – You have the right to a fair trial under the California DUI laws. This includes an impartial jury, appropriate court procedures (such as jury instructions), and presentation of admissible evidence.
  • Right to Expungement of Your DUI Conviction – If you plead guilty or get convicted at trial, you have the right to have your criminal record expunged after you complete your sentence.
Ventura drunk driving lawyer if you have been arrested on DUI charges. Your driving privilege, standing in the community, employment and freedom depend upon your timely action. We have years of experience handling local cases and are known and respected by the players in the judicial system. Call our offices today for a free case review. 
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