Can You Have An Attorney during a DUI Stop?
We all have the right to an attorney when we are charged with cases in Nevada such as a DUI (Driving under the Influence). Despite this, one thing is for certain: you cannot call them up when you are stopped by a police officer for questioning. But there are measures that should be inspired by your attorney that should help you handle a DUI stop just as well in order to avoid incrimination. Read below for more.
The availability of an attorney’s help during DUI questioning
There is no concrete law that prohibits you calling up legal representation at a DUI stop or a DUI checkpoint but it is certainly not what you should do during the situation. This is because you are not arrested or under the custody yet, the police are only merely looking to verify if you are indeed driving while intoxicated. Still, it is understandable for many drivers to fear for their liberty when asked to be pulled over and one natural instinct is to call up an attorney.
If you are indeed arrested due to your field sobriety tests or Breathalyzer results showing you have violated DUI laws, then it certainly is time to enlist a lawyer for DUI’s help. If you do not have one already, the State of Nevada shall provide you with the right to a public defender.
The rights you should be expending
Even without the help of a lawyer for DUI, you could fully protect your freedom during a DUI stop. First thing you should know is that you should not argue with a police officer when you are in the roadside answering questions and performing field sobriety tests as anything you say can be used against you. As per the Miranda Rights, you indeed have the right to remain silent but make sure that you will answer essential police inquires such as your name, address, age, or other personal information. Avoid answering questions about your alcohol or drug intake that day or the places that you have been to avoid rising suspicion.
Know that you can also refuse field sobriety tests and other chemical tests as they could yield results that are inaccurate. If you choose to do them, however, be aware that you can contact your DUI attorney in Las Vegas or elsewhere in Nevada by this point for further consultation.
The things you do in a DUI stop that could criminalize you
There are many reasons as to why a police officer asked you to pull over. It could be due to your erratic driving, your sudden stops, and because you are making some questionable turns in the road. While most police have DUI in their mind at a time like this, they must go and make sure to keep the process lawful.
Now, even if you were not driving while intoxicated, there are some things that you could do in a DUI stop that might mean your arrest. These are driving away when you should be stopping, forcefully resisting the police officers, and leaving even if you are not allowed to leave yet. As we have kept establishing here, anything you do could be used against you later so it is crucial that you stay polite and follow rules while being mindful of your rights.
The help of a lawyer for DUI after the arrest
An arrest does not mean the end of your citizen rights. If arrested and taken into custody, the police must recite your Miranda Rights to you and one of its inclusions is your right to an attorney. Having an attorney by your side after the initial arrest is of utmost importance as this is where you will be further interrogated by the law enforcement. At this moment, let your lawyer for DUI do the talking to ensure that your defense remains consistent up to the final hearing in court that is if the case proceeds into trial.
A reliable DUI attorney in Las Vegas could definitely help you out of drunk or drugged driving charges but they will not always be available in specific times such as police questioning. So, it is important that you have ample knowledge about DUI in case there is a strong potential of you being charged by one.