In all cases you have legal rights. In DUI cases, you have fewer rights than just about any other alleged crime in the United States. This is what Lawrence Taylor, one of the leading DUI defense attorneys in the country, calls “The DUI Exception.”
DUI is one of the few criminal offenses where you do not have the right to speak to an attorney before incriminating yourself. Upon arrest, the police officer will advise you that you have “expressly consented” to submitting to a chemical test of your breath or blood by driving on the public roadways of Michigan. Which test are you willing to take, breath or blood? If you choose to refuse a chemical test, your license will be revoked for a minimum of one year. Keep in mind you do not have the right to consult or speak with an attorney before choosing a test.
Upon submitting to a test, you have now provided incriminating evidence against yourself. So not only do you not have a right to speak with an attorney before choosing a test, but upon taking a test you have now provided incriminating evidence that will be used against you. Because of the “DUI Exception” to the Constitution defending DUI cases are difficult and require the skill and knowledge of a competent MichiganDUI attorney.
What You Need To Know About Your Legal Rights If You Are Being Pulled Over For DUI
- You do not have to help the officers make a case against you.
- Anything you say (admission of drinking) or do (roadside maneuvers) can and will be used against you.
- Field Sobriety Tests are completely voluntary. You do not have to do these!
- You have the choice of breath, blood or refusal.
- You do not have the right to speak with an attorney before choosing.
- Refusing a chemical test carries a mandatory minimum one year revocation of your driving privileges.
- Blood tests can be re-tested. Breath tests cannot.
- Roadside breath tests or portable breath tests (PBTs) are voluntary. They cannot be used to prove guilt or innocence in court, but can be used as evidence to support an arrest.
If you refused the breath test after being arrested for DUI you only have fourteen (14) days to request a hearing to to protect your driving privileges and avoid an automatic one year suspention of your driver’s license.