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Rights on the DUI Traffic Stop

While we do not condone drinking and driving, we do know anyone can make a mistake. We work hard to achieve favorable results for our clients, including those who have made mistakes. You need to know your rights when you are driving and are pulled over by the police after you have consumed alcohol.


A person’s conduct during the traffic stop is very important and will either aid or impede a lawyer being able to achieve a favorable result for him or her. Without knowing their rights, people often say and do things which are easily and effectively used to convict them.

During the traffic stop and before the arrest, law enforcement officers are not required to read a person’s Miranda rights – including the right to remain silent, and that anything you say will be used against you in court. You have these rights – but the officer need not remind you of them at the traffic stop. Instead, the law enforcement officer will ask you questions which, if you answer, will often be damaging to you, and the officer will observe your conduct at a traffic stop. It is highly likely that both your statements and your conduct will be used against you in court.

Before the arrest, while you may be trying your best to perform field sobriety tests and be cooperative with the officer in hopes that you will be able to go on your way, the officer is making a record of your statements, field sobriety test performance, and conduct to be used against you. To use against you and find “probable cause” to arrest you for DUI. Later, the prosecutor will have use of these statements, the officer’s observation of your field sobriety test performance, and your conduct to convict you of DUI.