If you are pulled over for driving under the influence of drugs or alcohol, the police may attempt to intimidate or scare you and make you believe that you must comply with everything they say. However, you do have certain rights that exist to protect you and should be invoked. Here’s what you need to understand your rights under the U.S. Constitution.
The Constitutional Right to Remain Silent
You do not have to speak to the police about anything. You aren’t required to answer their questions beyond providing your identifying information, vehicle registration, and proof of insurance. You do not have to answer any questions they ask you.
The Constitutional Right to Probable Cause
Law enforcement cannot simply pull your vehicle over without the reasonable suspicion that a crime has been committed, or probable cause. If the police did not have probable cause to stop your vehicle, your case may be dismissed entirely.
The Constitutional Right Against Unreasonable Search and Seizure
Under constitutional law, police cannot search your property or person or seize evidence without having probable cause, or a good reason to do so. They must be able to see, hear, or smell something during the course of a normal stop that leads them to believe a crime has been committed. Let the police know you do not consent to the search of your person or property.
You also have the right to decline to take a field sobriety test if asked to, and you absolutely should. Field sobriety tests are notoriously inaccurate, and many sober people fail them, giving police more evidence against them. Let the officer know that you are aware of your right to refuse a field sobriety test and that you will not be exiting your vehicle unless you are under arrest.
The Constitutional Right to Call a Lawyer
You have the right to speak with an attorney as soon as you are taken into police custody. You should ask to contact a Cape Cod Criminal Lawyer right away, and do not answer any questions without first meeting with legal counsel.
Arrested for DWI on Cape Cod?
If you were arrested by police for driving while intoxicated, don’t wait to get help protecting your rights from an experienced Cape Cod OUI attorney near you.
