When you are pulled over for a DUI, you have the same rights as anyone else who has been pulled over for a routine traffic stop. Initially the police may question you about your drinking and ask you to perform various sobriety tests. After the police officer observes your behavior during the sobriety tests and has given a breathalyzer they will determine whether or not to place you under arrest. An arrest occurs when you are taken into police custody and are no longer allowed to leave the scene. At this point, your rights fall under the Fourth Amendment and are known as your Miranda rights.
Nov 4, 2011 04:44 PM