Your rights during a traffic stop for drunk driving

On Behalf of | Apr 17, 2024 | Criminal Defense |

Just because the police have the right to stop vehicles does not give them the right to do whatever they want. Drivers who are suspected of drunk driving have legal rights that protect them from wrongful arrests and charges.

If you are stopped by the police under the suspicion of drunk driving, it can help to review your legal rights. The following is information that can benefit you:

First Amendment: your right to record the police

The First Amendment gives you the right to record the police as long as it does not interfere with their duties. Recording the police could benefit you if they use excessive force or violate the law. 

Fourth Amendment: your right against unreasonable searches

The Fourth Amendment protects you from unreasonable searches. This means that if the police request to search your vehicle, then you do not have to agree to the search unless you give them permission or if the police have a warrant. Any evidence collected during an unreasonable search may be inadmissible in a trial.

Fifth Amendment: your right to remain silent

The Fifth Amendment protects you from making self-incriminating comments. You have the right to remain silent and refuse any questions. By talking to the police or answering questions you could make incriminating comments that link you to criminal activity. 

By enforcing your legal rights, you can protect yourself from criminal charges. If you believe your legal rights were violated, then you may have defense options.


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