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Bristol DUI Attorney
Your Rights Upon Arrest for Suspicion of DUI
As an experienced Bristol DUI Attorney, John M. Kenney knows what it takes to defend those who have been arrested and charged with DUI. It may surprise many people to know that you have formidable rights when you have been pulled over and a police officer is threatening to arrest you for DUI. You have the right to decline to speak and the right to decline to do most physical sobriety tests that an officer will imply that you must do. Don't give the police more reasons to suspect that you may be intoxicated. If you are pulled over by the police, it is always best to follow our simple advice below
The Right to Remain SilentThe first right that you have and that we at John M. Kenney Law Office recommend that you do is to remain silent. As police officers are required to explain to you, you have the right to remain silent and anything you say can and will be used against you in court. Rule number one when you are pulled over is to remember to say to the officer " I respectfully choose to exercise my right to remain silent".
The Right to Refuse Field Sobriety TestingAnother important but overlooked right that you have is to refuse any and all standardized field sobriety tests. Standardized tests include the Horizontal Gauze Nystagmus which is following the officer's finger as he moves it from side to side, the Walk and Turn test, and the One Leg Stand. These tests are not founded in science and are in fact designed to produce failing results. Police officers are insufficiently trained to administer field sobriety tests properly. Theses tests are optional and it's better to refuse to perform them.
Ask to have your personal physician do the requisite chemical testing. You are under no obligation to perform a portable breath test as the results are often, unscientific, imprecise and inaccurate when performed by an untrained police officer or a non-certified medical technician. You are required to have the requisite chemical testing done, but you have the right to have them done by the physician of your choice. You will not be charged with failing to perform the test so it is in your best interest to respectfully refuse. If you perform the test under the best possible high-pressure field conditions, chances are 90% you are going to be arrested no matter how well you do.
There is no passing these tests.
When you are taken to the police station or a local hospital for blood and breath testing, request an independent lab or your personal physician conduct the tests. You have the right to have the physician of your choosing administer the additional breath, blood and urine tests. This is the second set of tests that can be used to suppress the original police findings.
Theses are a few simple but critical steps you need to defend yourself should you be pulled over by the police for being suspected of driving under the influence of drugs or alcohol. Don't forget to always remain silent and politely refuse to answer the questions of the police or interrogators. Instead, let your Bristol DWI attorney do the talking for you. Call us immediately when you are arrested.
