Arrested For Operating Under The Influence?
If you were pulled over and arrested for operating under the influence, you must provide some basic information to police officers. However, you may be surprised at how little you are required by law to disclose, and what is considered voluntary information that prosecutors can use against you. Here’s what you should know about your rights after a drunk driving stop and how to get legal help.
In every state in the U.S., police officers have the right to stop someone and request proof of their identification. While most officers don’t make a habit of randomly approaching people on the street and asking for their IDs, this means that you cannot withhold information about your identification, such as your name, address, or birth date, or refuse to provide your driver’s license when stopped.
You must also provide your car insurance and registration information when pulled over in a motor vehicle.
Your BAC Level
Implied consent is also a nationwide law that you agree to when you get your driver’s license. This law states that if requested by a police officer, you must submit to blood alcohol content (BAC) testing, which is usually done via a breathalyzer. Refusal to do so generally results in an automatic license suspension.
If you wish to have split testing done, where one sample is sent out for testing to an independent laboratory of your choice, you can request a blood test to be taken at a hospital after your arrest. This can help ensure consistency between results.
What Information May Be Withheld?
The above information is all that is necessary to provide to a police officer who stops you. Although some officers may use various intimidation techniques to try to make you believe that you are legally required to submit additional information, you are not. You do not have to provide law enforcement officers with information about:
- Where you’re headed
- Where you came from
- If you’ve been drinking
- What time you had your last drink
- If there are drugs present in your vehicle
- If you have recently been using drugs
- If you understand why you were stopped
Call a Massachusetts OUI Attorney Today
If you were arrested and charged with operating under the influence, don’t hesitate to get help from a Springfield criminal defense lawyer. Adams & Kokonowski, LLC, have years of combined experience and expertise to help protect your rights after a criminal charge. Call today for a consultation at 413.737.9700.