CALIFORNIA DUI RIGHTS
When you get arrested for driving under the influence (DUI) in Ventura County, the police and prosecutors will often do a variety of things that will feel like they are in violation of your rights. While many of these will actually be permissible as part of the law enforcement and criminal justice processes, oftentimes officers and District Attorneys will go too far, and commit violations of your Constitutional and other civil rights.
If your rights have been violated, you may be entitled to have your Ventura DUI case dismissed, or at least have certain evidence excluded from your case. At The Law Offices of David Lehr, we have substantial experience fighting to protect our clients’ rights in Ventura DUI cases, and we can do the same for you.
Your Rights when Arrested for a Ventura DUI
The following are some of your fundamental California DUI rights:
- 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.
By working with an experienced Ventura 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.
For More Information About Ventura DUI Rights
If you think you may have suffered violation of a DUI right in Oxnard, Camarillo or elsewhere in Ventura County, contact The Law Offices of David Lehr today to schedule a free consultation about your case.