Incredible Mag

Driving Under Influence: What Are Your Rights?

<p>Driving under influence could have severe consequences in your life&period; After being arrested&comma; you will be taken to the local police jail&period; Although&comma; first time offenders could be released immediately from the jail&comma; repeat offenders will need to server full jail time&period; After being arrested&comma; you need to understand your right and do things to improve your condition&period; When a police officer pulls you over&comma; he&sol;she needs to comply with a regulatory scheme that prevents rights of the car owners from being violated&period; In the United States&comma; when motorists are stopped because they drive under influence&comma; it is important for them to understand about Fourth Amendment&comma; Fifth Amendment and Sixth Amendment rights&period;<&sol;p>&NewLine;<h3>Fourth Amendment Rights &colon;<&sol;h3>&NewLine;<p>The Fourth Amendment protects people from unreasonable seizures and searches&period; In this case&comma; the police officer may ask you to get out of the car&comma; but can’t search the car without your consent&comma; even if the police officer has a heightened level of suspicion&period; As an example&comma; it is quite common for the police officer to suspect that there’s an illegal item inside the car&comma; such as unregistered weapons and drugs&period; What the officer could do is only gaze at the interior of the car&comma; but never put his&sol;her hands inside the interior of the car to seek unquestionable items&period; However&comma; the police officer could find other forms of evidence&comma; such as the elevated level of alcohol in your blood using breathalyzer and other test techniques&period; The officer could also seek the warrant for forced blood draw to get more accurate reading of the alcohol level&period;<&sol;p>&NewLine;<h3>Fifth Amendment Rights &colon;<&sol;h3>&NewLine;<p>The Fifth Amendment protects people against self-discrimination&period; In this case&comma; motorists need to identify themselves clearly when they are being pulled by the police officer&period; However&comma; the motorist has no obligation to tell the officer about the origin&comma; whether they are intoxicated or about the amount of alcoholic beverage they have had to drink&period; Police officers need to use their perception to find reasons for an arrest&period; Even so&comma; motorists are not required to divulge any kind of statement based on incriminating questions&period;<&sol;p>&NewLine;<p>In fact&comma; motorists could argue that they are not intoxicated&comma; because they consume only a limited amount of alcoholic beverage&period; The police officer could make subjective claims based on the odor of alcohol and the somewhat uncoordinated movement of car owner&period; Even so&comma; motorists are in trouble if they are caught lying&comma; because witnesses could be summoned into the courtroom&period; Car owners shouldn’t admit that they violate the law and it’s something that only the court can decide&comma; not the police officer&period; The officer could only gather evidence and make an arrest when evidences are compelling&period; But the arrested motorist is not yet convicted of driving under influence&period;<&sol;p>&NewLine;<h3>Sixth Amendment Rights &colon;<&sol;h3>&NewLine;<p>Sixth Amendment guarantees the rights of those who are accused of crime&period; One of these rights the opportunity to obtain legal counsel&period; With the help of legal professionals&comma; motorists will understand their rights and they don’t need to plead guilty to all charges&period;<&sol;p>&NewLine;

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