What Are Your Legal Rights During a DUI Traffic Stop?

Why is it Crucial to Know Your Rights If You’re Involved in a DUI Stop?

A DUI conviction in Delaware is not merely a traffic violation; it can have far-reaching implications on your life. Aside from legal penalties, a conviction can affect your employment opportunities, especially if your job requires a clean driving record or a professional license. It can also impact your personal life by increasing your insurance rates and exposing you to the social stigma that can accompany a criminal record.

By understanding your legal rights during the initial DUI traffic stop, you may be able to protect yourself from errors or evidence-collection tactics by police that could lead to a DUI conviction. An experienced Georgetown criminal defense attorney can explain what you should know about DUI stops that could significantly impact your case.

What Rights Do You Have During a Delaware DUI Traffic Stop?

It can be a stressful experience any time you are stopped for a traffic violation. With the dire implications of a DUI charge looming, it can be easy to forget that you have certain legal rights that are designed to protect you. Recalling and taking advantage of these rights can be beneficial to your situation and may help you reach the best possible outcome for your case if you are arrested for a DUI.

Right to Remain Silent

While speaking to the officer after you have been pulled over, you are not obligated to answer questions that may incriminate you, such as whether you have been drinking. It is advisable to politely refuse to answer such questions to avoid inadvertently giving any evidence that could be used against you. You must provide your driver’s license, proof of vehicle insurance, and registration information when requested, but you can decline to reply to any further inquiries until you have consulted with an attorney who can advise you.

Right to Refuse Field Sobriety Tests

In Delaware, you are not legally obligated to perform field sobriety tests, including the one-leg stand or walk-and-turn tests. These tests are often subjective and may be influenced by factors other than intoxication, such as mobility issues, nervousness, uneven surfaces, or unclear instructions. If you refuse, the officer cannot force you to engage in these activities.

However, it’s vital to understand the difference between sobriety tests and chemical testing. Under Delaware’s implied consent law, all licensed drivers are mandated to submit to blood, breath, or urine testing if they have been lawfully arrested for a DUI. If an incarcerated individual refuses chemical testing, they can face an automatic one-year suspension of their driver’s license by the DMV.

Right to Be Free From Illegal Searches and Seizures

The Fourth Amendment of the US Constitution protects citizens from unreasonable searches and seizures by government agents. Your vehicle cannot be stopped without an officer possessing a reasonable and articulable basis for believing a traffic law has been violated. The case may be dismissed if the arresting officer cannot demonstrate a valid reason for pulling you over, such as observing speeding, swerving, or malfunctioning equipment on your vehicle. 

Similarly, police cannot search your vehicle without consent or probable cause. Police may attempt to uncover other items that may enhance or add to the DUI charges, such as open alcohol containers, drug paraphernalia, or weapons. However, any information obtained through an illegal search may be excluded from evidence during your trial.

Right to Request an Attorney

You have the right to request the services of an attorney if you have been arrested for a DUI. It can be crucial to contact a DUI attorney as soon as possible after you’ve been charged. Your lawyer can immediately begin to evaluate your case, guide you through the legal process, and protect your rights. They can advise you during your interactions with law enforcement and prosecutors and ensure that all entities follow correct legal procedures while handling your case.

What Are the Potential Ramifications of a DUI Conviction?

In Delaware, the legal consequences of a DUI conviction may vary depending on the number of prior offenses on your record and the case’s specific circumstances. For a first-time DUI offense, penalties typically include a fine ranging from $500 to $1,500 and a possible jail sentence of up to 12 months. Your driver’s license could be suspended for 12 to 24 months, and you might be required to install an Ignition Interlock Device (IID) on your vehicle. However, as a first-time offender, you may be eligible for the First Offense Election program, which allows you to avoid a formal conviction by completing a probation period, attending treatment, and accepting a one-year license revocation.

For repeat offenses, the penalties increase significantly. A second DUI offense may result in fines between $750 and $2,500, with jail time ranging from 60 days to 18 months, and a license suspension of 24 to 30 months. A third DUI offense is a felony and carries a fine of $1,500 to $5,000, with imprisonment ranging from one to two years and a license suspension of 24 to 36 months. Subsequent offenses lead to even harsher penalties, including longer jail sentences and higher fines. Additionally, offenders may face enhanced penalties if the DUI involves aggravating factors, such as transporting a minor while intoxicated.

Why is it Vital to Promptly Consult a Defense Attorney Following a DUI Stop?

DUI laws are intricate, and understanding the nuances can be difficult for someone without legal expertise. Your attorney will ensure that all procedural requirements are met and your rights are upheld. Moreover, your attorney can evaluate the evidence against you. A knowledgeable attorney can identify weaknesses in the prosecution’s case, such as procedural errors or issues with the accuracy of breathalyzer tests, which could lead to a reduction in charges or even dismissal of the case. They can also negotiate with prosecutors to secure plea deals or alternative sentencing options.

How Can Our Firm Assist You?

Hiring a DUI attorney is an investment in protecting your future. The legal system can be intimidating, and the stakes are high. A skilled attorney from Abram, Gulab & Hutchison can advocate effectively on your behalf and provide the counsel and support needed to make informed decisions. Having a trusted attorney handling your case reduces stress and allows you to focus on other aspects of your life while knowing your legal matters rest in capable hands. If you or a loved one have been charged with a DUI, contact our law firm today at 302-405-7010 for a free case evaluation.