What Are Your Rights? Read Lawhead Law Offices’ FAQ to Find Out!
Q: If I am pulled over by a police officer, do I have to answer any of the questions?
A: No. You are generally always entitled to speak to a lawyer before answering any questions.
Q: How should I act when an officer pulls me over or asks me questions?
A: I would advise that you be respectful and cooperate. Remember, cooperative does not mean that you have to waive your constitutional rights. If you wish to remain silent, you absolutely have that right and the right to consult an attorney about what you should do.
Q: If I am asked to do field sobriety tests by a police officer, do I have to perform them?
A: Unless you are under probation or a driver’s license restriction, generally you do not have to perform field sobriety testing at an officer’s request. In deciding whether or not you should perform field sobriety tests, you should remember that such field sobriety testing can be administered incorrectly by police officers. This could affect the results of the field sobriety testing and will likely be used against you at a later time.
Q: Am I required to take an alcohol concentration test (breath, urine, or blood) if I am arrested?
A: If a police officer has probable cause to believe that you were driving, operating, or in physical control of a motor vehicle while under the influence of alcohol, then the officer has a right to ask you to take an alcohol concentration test. Failure to take a test is a crime. Importantly, you should remember that before making your decision about testing, you generally have the right to consult with an attorney. If you wish to do so, a telephone should be made available to you, so you can take a reasonable amount of time for such a consultation with your attorney. You also have the right to obtain your own test, but that test would be at your expense.
The best advice to remember is to always obey the law. But if you are accused of a crime, please remember that tremendous consequences may result to your insurance, job, and family.
These sample questions/answers are not intended to replace sound legal advice after reviewing the facts of your case.