The right to contact a lawyer usually depends on the interview or interrogation process the police officers engage in with the suspect that they believe drank some form of alcohol before or during the travels. When to contact and how is for the person charged with a driving while under the influence charge.
The Miranda Rights
It is during the interview or interrogation process that the local law enforcement officers will read the suspect his or her Miranda Rights. These include the option to hire or contact a lawyer before questioning. However, not all arrests involve this process as some police do not need to question the person to charge him or her. Others have all the evidence necessary when arresting the person through a dash cam, the words the suspect says, and the actions observed by officers. The more evidence the officers have, the less likely any questions are necessary as part of the arrest or charges.
If the police do need to question the person, the officers will read the suspect his or her Miranda Rights first. With this step accomplished, the suspect may then contact a lawyer and wait until he or she arrives before answering any questions other than the preliminary ones. It is important to remain silent during the initial arrest other than answering who the suspect is and identifying information. After this, the less the suspect says or does to incriminate his or her actions or situation, the better he or she may protect the rights available. Once the questioning begins, the lawyer is usually necessary.
The Right to a Lawyer
The individual arrested, stopped or charged with a crime usually does not have the right to a lawyer unless not already in jail or if the police question the person for the suspected crime. During the DUI stop, the driver has no access to a lawyer unless the officer provides the time and a phone call for a legal representative. This may indicate that the person behind the wheel was engaging in drinking alcohol or consumption of drugs during or before entering the vehicle. Then, the police may have enough to take the person to the local precinct for detainment.
While the person stopped by local law enforcement does not usually have the right to speak to a lawyer until after Miranda Rights are read, he or she may remain silent. This could help him or her to avoid self-incrimination. Other than the necessary details, he or she may remain silent and keep from giving the officers any additional data to enforce possible charges of a DUI. However, if the person is intoxicated, he or she may incriminate his or her situation by smell, swaying while moving, slurred speech and other apparent signs that may demonstrate the matter.
The Custodial Interview and the Legal Representation
When the person does face a custodial interview with the local law enforcement officers, he or she then has the right to request and hire a lawyer for these purposes. The legal representation may prevent the person from saying anything to stop any further incrimination. The lawyer may then explain the matter, help the person through the process and explain to the officers what happened during the stop and once the cops detained the driver. It is important to recover from the incident and move forward to defend against any charges or possible evidence that may exist. If the person is innocent, he or she may need to refute inaccurate breathalyzer results.
The person may need to contact a lawyer after leaving the precinct if the cops did not interview him or her. At that point, the legal representative may help build a case to defend against the DUI charges. However, if the officers did not question the suspect, this could lead to stronger evidence used against the person in a criminal charge of DUI within the court of law. Through the use of a dash cam, incriminating verbal communication and the actions of the suspect, defending against the charges may become significantly more difficult.
Legal Help with a DUI Charge
Hiring a lawyer is often important if the person charged with a DUI has more than one in his or her driving record. The consequences are often severe to include suspension or revocation of a driver’s license. Additional penalties may incur fines or possible jail time without the services of a lawyer to mitigate the damage.