Rights During a Fredericksburg DUI Stop

During a DUI arrest, an individual certainly has the right to not provide the officer information. It is important that the individual being charged or stopped know their rights during a Fredericksburg DUI stop, such as their right to speak with an established drunk driving attorney.

During the DUI arrest process itself, an individual certainly has the right to continue to remain silent after they are arrested and then they have the right to refuse a breath test at the station if that is something that they do not want to do after they have been read the implied consent form.

Understanding the Legality of a DUI Stop

Driving under the influence stops are legal if the driver was not read their Miranda rights. People do need to consent to a search of their vehicle during the traffic stop. Unless they have an independent probable cause or unless the individual has already been arrested for, for example, a DUI or some other offense where the individual’s vehicle has been impounded and it is subject to inventory search, the individual absolutely must consent or they do not have the ability to search the individual’s car.

Search Consent Laws

The officer may want to search the vehicle but it is still important for an individual to speak with an attorney regarding their rights during a Fredericksburg DUI stop. They have an independent probable cause that there is something else in the individual’s vehicle that they can go ahead and search. That would be something like the smell of marijuana if they see an open container if they see some other crime being committed that they can go ahead and investigate if it would potentially get them probable cause. Otherwise, they can search the person’s vehicle if they have already validly arrested the person for DUI pursuant to an inventory search, but that has to be done in a very specific manner.

Drivers do not need to consent to a search of their vehicle after being arrested for a DUI and their vehicle is impounded. Otherwise, yes, they do have to consent unless there is some type of independent probable cause to run the search of their vehicle. If someone has already been arrested, most likely, they will have decided to impound the person’s vehicle and the vehicle will be subject to what is called an inventory search after it is taken into custody by the police.

What is Implied Consent?

Implied consent is a Virginia law section that essentially says that by driving on the roads of Virginia, the person is consenting to breathe into a Breathalyzer after they are validly arrested for DUI. There is a big implied consent statute portion that is read to a person at the station after a DUI arrest before they decide whether or not they want to officially blow, and this is to help protect the person’s rights.

Until the point that the person is arrested, they may not be aware of their rights during a Fredericksburg DUI stop. Implied consent means if someone is validly arrested, then they also do have to blow. Implied consent is actually only applicable to DUI so it would not be for any other case. For a DUI case, if there is probable cause to arrest the individual for a DUI, they must breathe into a Breathalyzer. The caveat is that it must have occurred on a public road or a public highway as defined in the State of Virginia.

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