Thanks to the American Constitution we are an entitled to certain rights. When it comes to a driving under the influence charge or arrest too, you have several rights that you can exercise. In fact, some of the best Oklahoma City, OK DUI lawyers strongly recommend that as citizens we remain aware of these rights, and how to exercise them in a manner which is lawful, polite, and serves to protect our freedom and defend us against unlawful arrests or charges.
In this article we look at some of the important rights with regards to a DUI arrest and how you can go about using them in a DUI arrest related circumstance.
Prior to during the act of placing you under arrest, it is constitutionally mandatory that the law enforcement officer or officers read you your Miranda rights. If they fail to do so then the arrest is regarded unconstitutional and you can go ahead and bring this up during litigation later and have the case dismissed or dropped.
Essentially, the Miranda rights should be read out to you aloud so as to inform you what your rights are during and after the arrest so you are not oblivious to them and do something or say something which may compromise these rights.
The right to remain silent
Oklahoma DUI attorneys reiterate that you also need to know that you have the right to remain silent during an arrest, before the arrest and even after the arrest. You are not legally obligated to answer any of the questions posed to you by law enforcement officers and sometimes it is wise to exercise this right as it will prevent you from making any self-incriminating statements. Remember that if you do choose to answer questions or make any statements that anything you say can and will be used against you in a court of law.
DUI lawyers in Oklahoma City, OK also recommend that you politely decline any questions by saying that you do not want to make any statements without your legal counselor being present.
You have that ability in America. You do not have to speak to the authorities. You can be silent and wait for that legal help. Now if you watch the movie Expendables you can see that corrupt Central American countries do it differently. For instance, on that fictional Central American island where this movie took place, it was overran by General Garza’s violent military (David Zayas) who were willing to follow him through any whirlwind all the way to their deaths.
Garza, along with a sadistic ex-CIA agent, ran this island with an iron fist and turned this once happy place into an island of pain and misery. This is one reason why so many Central American countries have failed. Even many South American countries have felt this pain, certainly Venezuela who destroyed themselves with big government.
Now in America you do not have to speak to the police until you have legal help. If you obtain a DUI, you need to secure that coveted legal assistance.
Right to an attorney
When faced with a DUI charge, you have the right to be represented by a legal representative who is well versed with the DUI laws of the state. You may appoint and hire your own legal counselor and in cases where the defendant cannot afford an attorney, he or she will still be appointed a public defender by the judicial system.
There are many other rights apart from these which we will cover in future articles so watch this space for more information.
If you or someone you know has been arrested or charged with DUI, then you must know that you can turn things around and actually beat your DUI case. Talk to an aggressive and experienced Oklahoma DUI lawyer today to build a solid defense strategy.
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