You are likely aware that an operating while intoxicated (OWI) arrest in and around Ann Arbor can lead to severe penalties if convicted. However, you may not know very much about the rights of someone who has been arrested.
Drivers who are arrested for OWI have rights, and it is important to know what they are in the event you or a friend find yourself in this situation.
- If you are pulled over because a police officer suspects you are intoxicated, you are still innocent until proven guilty. That guilt must be established beyond a reasonable doubt.
- You have the right to record your traffic stop and the interaction between you and the police officer so long as it does not interfere with the process of the stop.
- If law enforcement agents confiscate an item during the stop, they are supposed to give you a receipt. You are not required to sign a consent-to-search form and should not do so if asked.
- You are not required to take a breathalyzer test. However, this can lead to an immediate suspension of your license.
- While you need give the officer your identifying information as well as registration and insurance cards, you have the right to remain silent. Be sure to use this right, and don't answer any questions without legal representation.
What is most important?
Your most important right is your right to an attorney. You have the right to have an attorney present for any questioning. Once you request a lawyer, all questions must stop.
Don't ask for just any lawyer, however. Ask for an experienced OWI attorney from the law firm of Dawid & Gatti, PLLC. Having a legal professional at your side will help ensure you obtain the best possible outcome. An OWI is a serious offense that can affect your entire life.