Law enforcement officers can pull over drivers who they believe are driving under the influence (DUI). Sometimes, in these situations, officers do not adhere to lawful standards of behavior. They may violate a driver’s rights while making an arrest.
If your rights were violated during a DUI arrest, the charges you are facing could be dismissed. Find out how you can prove your rights were violated when you were arrested for a DUI in Los Angeles here, with the legal professionals at the Simmrin Law Group.
Go Over Your Legal Rights in California
Before we discuss the strategies used to prove that your rights were violated, it is important that you understand what your rights are. According to the court system in California, law enforcement officers must:
- Stop you only if they have reasonable cause
- Read you your rights
- Follow specific testing procedures
- Treat you humanely
Officers who fail to uphold these regulations are violating your rights. In this situation, a criminal defense lawyer in Los Angeles could help you ensure you receive fair treatment going forward.
Proving You Were Not Stopped with Reasonable Cause
Now that we’ve reviewed your basic rights during a DUI arrest, let’s go over methods to prove that your rights were violated. Legally, you should only be stopped and arrested if a law enforcement officer has probable cause to believe you are driving under the influence.
An officer may attempt to establish probable cause by:
- Asking you to complete field sobriety tests
- Making a note of your driving behavior before an arrest
- Making you answer questions after you are stopped
- Testing your blood alcohol content (BAC) with a chemical test
If your lawyer can demonstrate that an officer did not establish probable cause before you were arrested, it could show that your rights were violated. If you were arrested without performing any tests, for example, if could show that an officer did not have reasonable cause to accuse you of a DUI.
Proving You Were Not Read Your Rights
As we mentioned, officers are legally required to read you your rights in certain situations. For example, you must be read your rights if you are:
- Asked to complete mandatory testing
- Being arrested for a DUI
If you are not informed that a chemical BAC test is legally required and mandatory, you could avoid penalties for a DUI arrest. You must also be read your Miranda rights before you can be legally interrogated while in police custody.
Your lawyer can investigate your case and speak to any witnesses present during your arrest to show that you were not informed of your rights during an arrest.
Proving the Officer Did Not Follow Proper Procedures
Law enforcement officers must follow specific steps when performing chemical tests or field sobriety tests during a DUI arrest. Any evidence they gather from these tests must be treated very carefully, or the results may no longer be considered accurate.
Your lawyer can work to dispute the results of BAC tests if they are mishandled by a police officer. Sometimes, establishing doubt about the results of a chemical test can allow your lawyer to weaken the prosecution’s case. In this situation, your charges could be reduced or even dismissed.
Proving You Were Treated Inhumanely in California
All people in California are entitled to humane treatment. This is true even if you are facing charges for driving under the influence. Your rights could be violated if law enforcement officers:
- Treat you roughly during your arrest
- Cause you physical harm after an arrest
- Deny you food or water while incarcerating you
In these situations, your lawyer could be able to find video evidence showing police wrong-doing. If you are hurt, your injuries could also be used to show that your rights were violated and that you were treated inhumanely in Los Angeles. Find out more about your legal options in this situation by reaching out to the Simmrin Law Group now.
Getting Help with DUI Charges in California
You don’t have to fight back on your own if your rights are violated during a DUI arrest in Los Angeles. You can get professional help in your corner right away by reaching out to the professionals at the Simmrin Law Group. Our DUI lawyers in Los Angeles are ready to stand up for you and protect your rights.
Let us examine your situation right now. You can get a FREE initial case evaluation by completing our online contact form or calling (310) 997-4688. Get the legal help you need today.