Driving While Intoxicated is a serious offense to be accused of and certainly not an accusation that should be taken lightly. Here is a list of questions and answers from a DWI attorney in Salisbury, MD.
Q. What should be said when a police officer pulls a driver over?
A. It is not legally required to answer a question that may be self-incriminating. If alcohol has been consumed prior to driving, even if it is “only” one beer, it is in the best interest of the driver to politely request an attorney before answering any questions and say nothing more.
Q. Can an attorney be requested before a field sobriety test is taken?
A. The driver has no legal right to ask for an attorney before such a test. However, the driver cannot be forced to take a field sobriety test if they refuse to. In most cases, the police officer has already decided to arrest the driver before the test is given. The purpose of the test is simply to gather more evidence to be used against the driver in a court of law. The best thing the driver can do is to request a DWI attorney in Salisbury, MD.
Q. Should the blood alcohol test be refused also?
A. Unfortunately, the test that checks for blood alcohol is mandatory and cannot be refused without fear of reprisal. In most states, the simple act of refusal will lead to an automatic six-month suspension of the license of the driver. This occurs even if the driver is later found to not be intoxicated while behind the wheel.
Q. The police officer failed to read the Miranda Rights. Can the case be thrown out of court?
A. Not in most cases. The Miranda only provides protection against anything said after the fact of arrest. Even this has been whittled away by the courts, so the best course of action for the driver is to say absolutely nothing at all.
In the event an unfortunate occurrence such as a DWI arrest occurs, call an experienced firm such as OceanCityLawyer.com. Don’t let the freedom to drive be taken away.