{"id":6962,"date":"2021-09-21T21:12:08","date_gmt":"2021-09-21T21:12:08","guid":{"rendered":"https:\/\/strongestdefense.com\/?p=6962"},"modified":"2023-05-05T05:28:23","modified_gmt":"2023-05-05T12:28:23","slug":"your-rights-during-dui-stop","status":"publish","type":"post","link":"https:\/\/strongestdefense.com\/blog\/your-rights-during-dui-stop\/","title":{"rendered":"Know Your Rights During a DUI Stop in Ventura, CA"},"content":{"rendered":"
Driving Under the Influence (DUI) is a serious offense and one that cannot be taken lightly. A DUI conviction could have a negative impact on many parts of your life including your finances, your job, and your family. According to the National Highway Traffic Safety Administration<\/a> (NTSA), about a third of the traffic accident fatalities are due to alcohol-impaired driving. Drivers face severe penalties if convicted of DUI<\/a> in California, including possible fines, jail time, and loss of driving privileges. As a driver, you need to know your rights and responsibilities if you are stopped for DUI in Ventura, California<\/a>.<\/p>\n A police officer must have a reasonable belief of possible impairment before investigating DUI. The police may stop a motorist for another reason and then believe that the driver is impaired. The officer may use a variety of techniques to make the determination of how to proceed. An officer may utilize field sobriety tests, FSTs, observation, and breath tests as part of a DUI investigation<\/a>. However, throughout the investigation, the officer must protect the rights of the driver. The officer may ask questions<\/a> even as part of a custodial traffic stop. Your answers could be used against you later in court, sometimes even if the police did not specifically read you your Miranda rights.<\/p>\n Miranda warnings, also called Miranda rights, come from the 1966 Supreme Court case Miranda v. Arizona. These rights stem from your constitutional rights. The Miranda warning<\/a> states that a defendant cannot be interrogated by police until they are provided their rights. These rights include the right to remain silent, the right to an attorney, the right to have an attorney present during questioning, and the right to a court-appointed attorney if you cannot afford to hire one. What you say during questioning can be used against you in court.<\/p>\n It is important to note that the law allows the police to ask questions prior to giving you a Miranda warning. For example, questions the police ask when they first talk to you at the traffic stop can be considered evidence<\/a> later. If the police fail to read your Miranda rights, it does not necessarily mean that the case will be thrown out. If the court finds that the police failed to read you the Miranda rights, some of the statements gathered as a result may be excluded from evidence.<\/p>\n In fact, law enforcement might not read you your rights at all if they do not intend to interrogate you during the incident. Therefore, it is in your best interest to remain silent during any type of questioning. You can inform the officer that you intend to invoke your Miranda rights. Keep in mind that the police will still proceed with their traffic stop and DUI investigation.<\/p>\nYour Rights During \u00a0DUI Traffic Stop<\/h2>\n
Miranda Rights in California<\/h2>\n
Your Rights & California’s\u00a0Implied Consent Law?<\/h2>\n