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DUI and Your Rights

When you are pulled over on suspicion of drunk driving, you have certain rights that police must recognize and respect. While you may feel powerless to defend yourself if you are arrested, you have many legal protections available to you that can greatly help with your defense. Knowing what these rights are and how and when to exercise them could save you a lot of grief throughout your case.

Know Your Rights

No matter what crime you are accused of, you remain innocent unless proven guilty beyond a reasonable doubt. Your rights can be invoked during your arrest, during questioning, or at any point during your trial. These include:

  • Protection against improper search and seizure. This prevents the police from searching your person or your property without probable cause. If the police randomly search you for no reason, the search may be illegal and any evidence found during the search may be thrown out.
  • The right to remain silent. You have the right to refuse to answer any questions the police may ask you if you feel that your answer could incriminate you. The fifth amendment of the U.S. Constitution states your right against self-incrimination.
  • The right to consult with an attorney. Before speaking with police or entering a trial, you have the right to speak with a lawyer about your charges and your case. If you cannot afford an attorney, the state can appoint one to represent you.
  • The right to a fair trial. No one can be found guilty without a trial. You have the right to defend your case against the prosecution to maintain your innocence.

An experienced Rhode Island DUI defense lawyer can help to protect your rights throughout all the steps of your case. If your rights are violated at any point during your arrest, questioning, or trial, your charges could be reduced or your case could be thrown out altogether.

Contact Us

Everyone deserves to have their rights defended when facing a criminal charge. To discuss your case with a Rhode Island DUI defense attorney who understands all of the legal factors of your DUI arrest, contact Matthew Marin today by calling 401-287-4384.