Fundamental Rights – Drunk And Drug-Impaired Driving
Your Constitutional Rights If Arrested For Drunk Or Drug-Impaired Driving
- The police are obligated to read you your rights at the time of your arrest, unless your presence is causing a threat to public safety.
- You have the right to make a phone call. It is best to call a reliable and trusted family member or friend.
- You have the right to remain silent, a right best observed because anything you say will probably be admissible in court later on.
- You have the right to an attorney. The police must inform you of the charges against you prior to booking.
- You have the right to a prompt hearing and a speedy trial.
- You have the right to confront and cross-examine your accuser as well as call witnesses on your own behalf.
- You have a right to a bail hearing.
- You can’t be tried for the same crime twice. You can however be additionally penalized if you have prior drunk driving convictions or you have violated your probation terms.
- If you’re convicted, you can’t be punished in a cruel and unusual fashion.