Reader’s Question:

Regardless of guilt, what legal rights does a person have during a DUI arrest? I wanna know these things just in case I get arrested for DUI in Alhambra, California.

Vito

Alhambra, CA

If you will be arrested for DUI in Alhambra, California, it would be of great help if you know the legal rights that you have during a DUI arrest. These rights are actually commonly ignored by police officers. First of all, there should be sufficient facts to legally constitute a probable cause to stop your vehicle. The officer should also have enough reasons to legally detain and arrest you for DUI.

You must be advised that submission to field sobriety tests and portable field breath test is not required by law. Furthermore, if you are already in custody or you have already been arrested, you should be advised of your constitutional rights, otherwise known as the “Miranda” warning before any further questioning takes place. You should also be given a choice of breath or blood testing and if you refuse any chemical test, you should be advised of the legal consequences and this would be the “implied consent” advisement. If a breath test is conducted at the police station, since the breath sample is not saved, you should be given a chance to obtain a blood sample for later independent testing by your DUI defense attorney.

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Reader’s Question:

I was recently charged with DUI here in Sacramento, California. I have so many questions about my DUI case. Where can I go for more help in my case?

Arthur

Sacramento, CA

The best source of information to answer your questions is, of course, a qualified Sacramento, California DUI defense attorney. Your lawyer can basically give you advice about the things that you should do and the things that you should avoid. There are also other resources available for you. You can study California DUI law and blood alcohol analysis in a law library found in law schools and courthouses.

There is also plenty of information found in books such as California Drunk Driving Defense 3rd Edition and Drunk Driving Defense 6th Edition by Lawrence Taylor.

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