Stopped For DUI Investigation, Do I Have a Right to an Attorney?

Every person has the right to an attorney, and that includes any driver who is stopped for suspicion of a DUI.

This Low Cost Legal guide will help you understand your rights and what your options are if you are stopped for suspicion of driving under the influence.

You Have a Right to Consult an Attorney about a DUI Investigation

If you are stopped for investigation of DUI, you have 2 choices;

First, you can refuse to take any tests. These include field sobriety tests or a breath test on the scene. Simply tell the officer that you won’t submit to any testing without a DUI attorney. Keep in mind, however, that if you take this position, the officer will make the assumption that you are driving while impaired and will arrest you. As you can understand, DUI testing needs to be done in a timely manner to get relevant results.

Secondly, you can cooperate with the officer either partially or fully. You can take any test offered, foregoing your right to have a DUI lawyer involved. You can refuse a breath test and opt for a blood test or urine test if those are offered as alternatives. Most DUI attorneys suggest that drivers refuse field sobriety testing and breath testing if they believe they might be driving while impaired. Many drunk driving lawyers believe that urine tests and blood test results can be shown to be less reliable than results from a breath test.

Finding a DUI Lawyer

If you need a DUI attorney you will want one who is experienced in protecting the rights of drivers. Many DUI attorneys are quite expensive, and the more experienced the attorney is the higher the potential cost will be. The basic cost of defending a DUI charge could be $5,000 or more. If you do not have a lot of income and paying a quality attorney would be difficult, it is possible to find low-cost legal assistance from attorneys willing to work for less or for free. In most cases, especially if working for free (pro bono), the attorney will want to know all the details to determine if you were arrested and charged unfairly or at least have a reasonable chance of beating the charge.

After your arrest and before your first court appearance, contact DUI attorneys and ask them about their rates. If you don’t have a lot of money, ask about low-cost legal representation or possibly pro bono work on your behalf.