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.

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