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Charged with a DUI?

Whether you have been charged with a DUI, or you are simply looking to learn more about DUI law, you can read more about how we can help you here.

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What Are My Rights If I Have Been Arrested?

Just because you have been charged with driving under the influence does not mean that you do not have legal rights. The United States Constitution outlines the rights of accused criminals, including how they are treated by law enforcement before, during, and after an arrest. When your rights have been violated by a police officer, you may be able to have your DUI charges reduced or even eliminated as a result.

The Bill of Rights outlines the basic human rights that apply to those within the United States. While the original intent of the Bill of Rights was to keep the colonists free of a tyrannical government, it still works in the same way. When law enforcement infringes on your freedoms, they are acting past their means and can be held accountable as a result.

How can I know if my rights were violated?

When you have been arrested, you are likely more concerned with what is going to happen to you in the future than paying attention to all of the ways that police interact with you. Thankfully, there are some things you can ask yourself to help determine if any rights were violated.

Find out if your individual rights were violated by asking:

  • Were you given the option to remain silent?
  • Did police officers use excessive force?
  • Were you told information provided could be used against you?
  • Was an attorney withheld when you asked for one?
  • Did police ask you questions after you requested a lawyer?
  • Were you given the option of retaining a public defender?
  • Were you treated humanely?
  • How long were you held behind bars before being charged with a crime?
  • Were you treated as guilty before a conviction was reached?
  • How long did it take for your case to go to trial?
  • Were you facing cruel and unusual punishments?

Individuals are given rights under the law to prevent law enforcement, the courts, and the government from abusing their power. Until you have been convicted of a crime, you have all of your rights, and the moment someone begins to take those away from you, they are not doing their job.

If you are worried about your rights being violated in connection with a DUI arrest, you have a limited time to act. The DUI defense attorneys at Thomas & Paulk, P.A. can speak with you about your case when you call for a free initial case consultation!

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