Like anywhere in America, overcoming a DIU charge in the Evergreen State is tough — but it’s doable. Feldman & Lee PS or any experienced defense lawyer in Kent would say that the real key is to be familiar with your rights all the time. Here are some of the most notable the rights you have you should always know:
Right to Refuse to Do Field Sobriety Tests
When a police officer pulls you over and asks you to perform field sobriety tests, you are free to decline. However, make sure you answer politely to avoid escalating the issue. Regardless of your situation, make sure to cooperate to ensure a friendly exchange.
Right to Take a Preliminary Roadside Breath Test
You can also say “no” to a portable or a preliminary breath test. Although it can estimate your current blood alcohol content (BAC), it’s not always reliable. Even the sophisticated BAC-measuring devices are not completely accurate all the time. If you agree to do the test voluntarily, the prosecutor may use the result against you.
Right to Speak with an Attorney After Your Arrest
If you get arrested, you can talk to a lawyer first before deciding whether to take a breath or blood test. Usually, an on-call attorney is available at no cost at any given time.
Right to Have an Additional Test Performed by Any Other Qualified Person
After your release from police custody, you are free to undergo a test carried out by someone qualified to challenge the accuracy of the one performed by the arresting police.
Right to Be Presumed Innocent
No matter how much the society hates DUI offenders, you should be considered innocent until proven otherwise. In addition, you should only be convicted by proof beyond any reasonable doubt. In other words, the prosecutor must excellently prove every element of the DUI charge with solid evidence.
Right to Testify or Not to Testify
Nobody should force you to talk during trial if you don’t want to. Also, you should be given the chance to speak and defend yourself if you wish to. If you want to keep quiet, the judge must tell the jury that your refusal to testify shouldn’t be used against you.
Knowing your rights is one thing, but fighting for them is another. Without an experienced criminal defense lawyer on your side, you may face conviction and suffer severe punishments illegally.