Arrested For DUI – What Are My Rights?

No matter the reasons for your arrest, the police officer will have to respect a set of rights that are granted to anyone according to the Canadian Charter, namely:

• The right to remain silent when questioned by the police,
• The right to speak with an attorney as soon as possible (in private),
• The right to be told why you have been arrested,

If the officer violated any of these rights, the evidence collected by the police officer might be excluded, meaning it won’t be used in court if you are charged with driving under the influence.

DUI Canada Lawyer helps you understand your rights if you are arrested for DUI!

1) Right To Remain Silent When Questioned By the Police

If you are being arrested by a police officer for the first time, it will definitely be stressful, especially if you are in custody, separated from your family. It could even compel you to say something incriminating or falsely confess to criminal activity, such as DUI.

To ensure a fair and legal proceeding, the police officers should independently gather evidence to prove your guilt beyond a reasonable doubt. You are not compelled to provide help unless it is part of a plea deal your attorney negotiated with the prosecutor.

When Do I Have The Right To Remain Silent?

Your right to remain silent begins during a police inquiry or investigation. A police officer has the right to stop you if:

• they see you commit a crime,
• they suspect you have committed a crime, or
• you are driving a car.

Indeed, the moment you are on a public road, the police officers have the right to arrest you. The right to remain silent starts from the moment you are detained. With this right, you are entitled to decline to answer any questions posed by the police.

For instance, you could refuse to answer what you are doing, where you are going, why and with whom. That being said, you should not have a belligerent tone. The ideal thing is to calmly say that you are not going to answer any questions.

Because you are driving a vehicle, you have the obligation to provide your licence, registration, and proof of insurance if the officer asks you to.

Can I Lie? No, if you lie to a police officer, you could be subject to additional criminal charges, such as:

• public mischief,
• attempting to obstruct justice, or
• obstructing a police officer.

Also, any false statement you make will ultimately end up strengthening the prosecutor’s case against you.

Does The Police Officer Have To Stop Questioning Me?

Whenever you refuse to answer a question posed by a police officer, this can’t be the only ground for your detention or arrest. However, if you say something, the right to remain silent will not cancel what you already said.

Therefore, you need to exercise your right to remain silent as early as possible. The police officer might continue to question you. However, you need to continue to assert your rights until you speak with an attorney.

2) Right To Speak With An Attorney As Soon As Possible

If you get arrested or detained by the police, the officer must tell you that you have the right to talk with an attorney. He should also give you a fair chance to contact the police officer whenever it is possible.

If you are being detained, here are some important things to keep in mind about your right to have an attorney:

• When you learn that you are being arrested, tell the police that you want to speak to an attorney and that you won’t say anything until then,
• The police officer must tell you about your right to a lawyer,
• If you ask to speak with your lawyer, the police officer should stop asking questions, and
• You can call any lawyer or ask someone to help you find one.

However, if you decide not to speak with an attorney, the police can continue asking you questions. If your lawyer does not answer, the police officer should let you try a few more times. However, if you are unable to reach him, the best alternative is to call another lawyer or the Legal Aid duty counsel.

When you can reach your attorney, you have the right to speak with him in private, meaning the police officer can’t listen to your conversation. You can speak with your attorney as long as you need. Make sure to ask all your questions.

Not satisfied with the lawyer? Tell the police officer right away and ask for another lawyer before doing anything else. They might not let you reach out to another lawyer. However, make sure to say nothing and to politely repeat your demand.

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3) Right To Be Told Why You Have Been Arrested.

When you are arrested (or detained), the police officer should immediately tell you the reason for the arrest. To be deemed informed, the person should be able to make a reasonable decision with respect to whether to submit to the arrest.

That being said, it is not necessary to be aware of the precise charge faced or all the factual details of your case. To be sure that you understand, the police officer should use plain and simple language.

Although it is technically possible, under exceptional circumstances, to delay the moment the officer will inform the person detained of the reasons, it should be done as quickly as possible. If not, the evidence collected could be refused by the judge.

Generally speaking, it is done when the officer reads the Miranda rights, which is when the person is being arrested.

Have Your Rights Been Violated? DUI Canada Lawyer Is There For You!

If any of your rights are violated in the detention or arrest process, the main consequence is that the evidence could be excluded. In the worst situations, it is possible that the judge simply calls the trial off.

Hence, it is recommended to call a lawyer as quickly as possible. Not only will he be able to raise the violation in front of the right person, but he will also be able to negotiate a plea deal in your favour.

With DUI Canada Lawyer, you can find the right lawyer for you without any additional fees!