Riccardo L. Ippolito DUI/DWI Law Blog on Lawyers.com

Your Rights if you are Arrested for DUI

Thursday, August 19, 2010 by Riccardo L. Ippolito

Understanding your rights if you are arrested or accused of DUI is important.

To be convicted of drunk driving in California, you need to either show a blood alcohol level of .08 or higher (.04 or higher for commercial vehicles), or a reason for the police officer to think you were drinking by either your slurred speech or erratic driving.

The US Supreme Court has ensured our rights are protected during a police interrogation or trial. These rights come from the Fourth and Fifth Amendments of the Constitution.

These rights are important to remember if you are arrested:

You have the right to remain silent so you don’t incriminate yourself. For example, a police officer may ask, “Have you been drinking,” “How much have you had to drink,” “How fast were you driving,” “Where are you,” and “What time is it?” Do not say anything – that could admit guilt.
You have the right to only provide your name, address, registration, driver’s license, and insurance information. You don’t need to answer any questions.
You have the right to call a Bay Area DUI attorney.
You have the right to not admit culpability for anything. What you say to San Jose law enforcement can be considered valid evidence against you.
You have the right to politely refuse any field sobriety tests, especially ones that would check your coordination. For chemical or breathing tests, you can ask to speak to your attorney first, but you should comply.

If you are arrested for drunk driving, the police officer will take your license. You or your DUI arrest law firm has the right to request a hearing within ten days to get a temporary license or have your license re-instated if there is no basis for the arrest.

Remember, you have rights if you are arrested for DUI. An aggressive law firm such as Valencia, Ippolito & Bowman has the skill necessary to ensure your rights are protected for your DUI defense.

Valencia, Ippolito & Bowman
991 W. Hedding, Suite 202
San Jose, CA 95126
Phone: 408-920-9720

Posted at 18:31 PM

Topic: DUI/DWI