Reader’s Question:

What are my rights as the citizen of Montgomery, Alabama regarding
DWI?

Jessie

Montgomery Alabama

Jessie, you have a right to remain silent. This means, you do not have to respond to any query which a police officer asks you throughout a Montgomery DWI investigation. You need to remember that everything you say will be used against you. Jessie you are not required to do field sobriety tasks. If you think that you may be under the influence, a polite denial to carry out these tasks will do well to you greatly in the predictable procedures which will follow. Politely say no and look downward or away when the officer tries to carry out the Nystagmus test on your eyes. If it is past dark and you have the smell of an alcoholic beverage on your breath, the officer is going to take you into custody whether or not you believe you have passed the tests.

You have a right to say no to a breath or blood test. You are not obligated to blow into the breathalyzer at the sight of the traffic stop. There is no punishment for this negative response. The consequences of this machine are not allowable in court. If you are asked to carry out a breath test after you are detained and while you are at the police station, you are not obligated to surrender to this test. There is at present no criminal sanction for this negation. On the other hand, there is a possible driver’s license suspension sanction for a negative response.

You have a right to a trial prior to the suspension of your license. Whether you did not succeed a breath test or you say no to a breath test, the Alabama Department of Public Safety will try to suspend your driver’s license. However, they are not at all times successful. You or your legal representative has to request that trial within fifteen days after your detention or the hearing is put aside and your license will be automatically suspended. You have a right to a lawyer and a jury hearing. A lot of people suppose that they have unpromising cases, that a defense is excessively pricey, that the majority of people be beaten their cases, and that a guilty appeal is their most excellent and cheapest alternative. Every one of these anxieties are imprecise notions, or just simply wrong! You are not in a place to critic your case, you require a lawyer.