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FAQ-DWI/DUI

This information is not legal advice and you need to confer with Attorney Laumann about your specific situation.

 

If I'm stopped for driving under the influence, can a police officer ask me questions without reading me my rights?

Answer:

Sometimes. The answer depends on whether or not you are in police custody -- that is, whether you are subject to the restraints common to a formal arrest. For example, the U.S. Supreme Court has ruled that the police do not have to provide Miranda warnings during roadside questioning of a motorist detained pursuant to a traffic stop. Thus, roadside questioning about your drinking, drug-taking, or performance on field sobriety tests does not constitute "custodial interrogation." However, once you are arrested -- or restrained by the police in a manner consistent with arrest -- you must be read your Miranda rights.


What is an MVA hearing and when should I request it?

Answer:

Because you refused to take a sobriety test and therefore got your license revoked, you have a right to request an MVA hearing which must be done within 10 days of your arrest. We advise you to always request the MVA hearing. An MVA hearing provides you with the opportunity to question the police officer about the legitimacy of his stop and to test his knowledge with regards to field sobriety testing.


Do I have to take a sobriety test?

Answer:

You do not have to submit to field sobriety tests. Even if you have not been drinking, the tests can erroneously show an alcohol level. Your license will probably be suspended if you refuse to take a sobriety test, but you may request an MVA Hearing to attempt to have your license returned or the suspension modified.


What can an attorney do for me once I’ve been arrested?

Answer:

• Your attorney can ensure that the police and prosecutor have gotten all of the procedures correct. Minor mistakes can get your case dismissed from court.
• An attorney can ensure that your legal rights are protected. She may be able to negotiate a favorable plea depending on the circumstances. There are no guarantees, but without a lawyer there is no chance.
• Asking for an attorney stops the police from questioning you

PLEASE NOTE THAT AN ATTORNEY CLIENT RELATIONSHIP IS NOT CREATED BY SIMPLY CONTACTING THE LAW OFFICE OF JOSEPH LAUMANN