Dui Database
What Legal Rights You Need To Know During A DUI Stop Author: Colin Daives When a police officer pulls you over, it's important you know what your legal rights are. By having this information on hand, you'll be an informed citizen. This allows you, for whatever reason you were pulled over, to c...
What Legal Rights You Need To Know During A DUI Stop
Author: Colin Daives
When a police officer pulls you over, it's important you know what your legal rights are. By having this information on hand, you'll be an informed citizen. This allows you, for whatever reason you were pulled over, to conduct yourself in a positive manner and keeping the officer from gaining further evidence against you.
The majority of people assume it is in their best interest to comply with what the officer tells them. However, much of this asking is voluntary and you do not have to do anything the officer asks. By not answering questions or doing what you are asked, you're making it harder for the officer to gain evidence. You have every right to say no during the stop whether or not you have done something wrong.
There are two things you must do when an officer pulls you over. They are:
- Provide them with your identification
- Proof of insurance
There's nothing else that you have to do beyond those two things. You don't have to talk to the officer nor do you need to answer the questions posed before you. This is extremely important when you've been pulled over for suspicion of DUI. The first question the officer will ask you is ahow much have you had to drink today/tonight?a There isn't any reason to answer this question especially without an attorney present. If the officer places you under arrest, make sure you hire a DUI attorney quickly.
As you are placed under arrest, you will have your Miranda rights read to you. Miranda rights state, "You have the right to remain silent; anything you say can be held against you in the court of law." Don't give them any statements that can be used to build a case against you. If you think you must unburden yourself, be truthful. If you lie to the arresting officer, you hurt your credibility when you testify in court.
If an officer asks you to step out of your car, do as you're told. If you're asked to take a field sobriety tests, you can kindly tell the officer no. Field sobriety tests are flawed and subjective, which gives the cop probable cause to place you under arrest. Whenever possible, speak to a DUI lawyer first before the officer asks you to perform these tests. You can also refuse to do the Breathalyzer test. Bear in mind that refusal of one or both of these tests can be used against you, even though it is your right to refuse them. Asking to talk with the lawyer beforehand is not a sign of refusal.
When you know your rights and exercise them when you've been pulled over, you'll decrease your chances of being arrested, which allows your DUI attorney an opportunity to fight on your behalf in court. Legal representations like it when their clients have exercised their Fifth Amendment rights rather than a client who has blurted out all kinds of information.
A person has a bench warrant. Will he be arrested if he goes to the hospital?
My boyfriend is very ill lately but he is afraid to go to the hospital because he has a bench warrant for violating probation on an old DUI. My question is this: How far does doctor-patient confidentiality extend? Will the hospital report him to the authorities? Do they even have access to some sort of warrant database? If so, is there a way around this by going to a private doctor, if one can even give him the proper treatment?
BTW, this issue is in the US state of Florida.
No. If he goes with cuts, bruises, stab wounds and gunshot wounds then yes. But if he doesn’t show any suspicion then the Doctors have nothing to report.
I don’t know if the Canadians have access to our records, but we have access to their driving records, so I’m sure they do.
I have DUI in US, if i get stoped by police in Canada can the find out that my license is suspended?
Do the Canadian police have database on US suspensions?
Will pleading guilty to a out of state DUI that happened 28 years ago still affect my CA license(points)& INS.?
Since there’s little proof of the charge now and I go ahead and request a trial. I’ve been told that the court will never put the case on the docket so that you stay in limbo and can’t get the hold off the DMV database. What happened to innocent until proven guilty? What happened to my right of a speedy trail? What happened to Let’s let bygones be bygones???
As I understand the question, you have an unadjudicated DUI charge pending in another state. (I assume you failed to appear on that matter.) The charges, once filed, will remain pending forever until you take care of them. You don’t say what state the charge is pending in, so I cannot answer specifically, but it is doubtful that any state allows charges to remain pending indefinitely AFTER you have appeared and asked for a trial. There is no such thing as being convicted by non-appearance. (California allows a traffic infraction to result in conviction upon a bail forfeiture, but that is quite a different matter.) At any rate, if the DMV hold is based upon a failure to appear, that should be taken off as soon as you appear in the case, whether or not a conviction or acquittal results.
DMV points are earned upon conviction, not backdated to the offense, and a conviction will be reported to DMV. Similarly, ICE (as it is now called), would be concerned about the date of conviction. However, I understand that a DUI alcohol would not affect your status. (I am not an immigration expert, so you may wish to consult with an immigration attorney on that.)
Could my prescription DUI have been dropped?
March 31, 2010, I got pulled over for crossing the center line alot. They gave me the field test, I failed. So they gave me the breath test, I passed. So they thought I was stoned out of my mind. I told them that I was on Ativan and Seroquel which are both really sedating. I even showed them my prescription bottles. I think that they still thought I was on something else, so they took me in to get a blood test. An officer interviewed me while we waited for my boyfriend to come pick me up at the police station. He recorded it. He kept saying that even though I am not doing anything wrong, the bottle says not to operate machinary until you know how it affects you. Well. I was on the medication for a couple of months. They do make me really tired. But what am I suppose to do? Walk 45 miles to work every day? Anyway. They gave me a ticket and I was scheduled for court on the May 14, 2010.
My question is this:
My license is still valid, and in Minnesota, it is revoked after 1 week after getting a DUI. But mine is not revoked.
I called the court house to confirm my court date and they had no records of me having to be in court or that I was even charged with anything. They searched everything they could, not even my driver record has the DUI on it.
I haven’t recieved anything in the mail, and there is no warrant out for my arrest.
It’s been 3 months since my DUI and I keep calling and nobody has anything about it. Well. Except the state patrol. They have record in their database of the arrest. But not even the city police department does.
What does this all mean?
I got pulled over my a state trooper this morning. He had the DUI in his database, but since my license was still valid and all, he didn’t arrest me. There is no warrant out for my arrest. He told me to keep contacting the court. So I called right after he let me go, and still there is nothing on record.
Mike, I also went to that website and they don’t have anything on me.
Senor,
I did learn. I stopped taking the medication (even though I really need the Seroquel atleast) because I cannot afford this and I don’t want to get in trouble.
The medication makes me tired all day. I can sleep for hours even if I took it the day before. My doctor prescribed the Ativan to be takened (half a pill) 4 times daily and a full pill at night. I was only taking 1 pill a day because it did make me really tired.
I have definitely learned my lesson.
Impairment can be by alcohol or drugs (see 169A20(2):
https://www.revisor.mn.gov/bin/getpub.php?pubtype=STAT_CHAP&year=2007§ion=169A#stat.169A.20.0
It usually only about a week to get alcohol results, but several months to get drug results. People who get their license revoked prior to their court hearing are those that refused testing or test over the legal limit for alcohol (.08). They won’t take action against you until you have been thorough court.
According to subdivision 2 below, it is a defense if you were taking the medications according to the doctor’s orders. That will probably depend on what the levels of the drug were in your body, which is still pending.
169A.46 AFFIRMATIVE DEFENSES.
Subdivision 1. Impairment occurred after driving ceased. If proven by a preponderance of
the evidence, it is an affirmative defense to a violation of section 169A.20, subdivision 1, clause
(5) (driving while impaired, alcohol concentration within two hours of driving), or 169A.20 by a
person having an alcohol concentration of 0.20 or more as measured at the time, or within two
hours of the time, of the offense, that the defendant consumed a sufficient quantity of alcohol
after the time of the violation and before the administration of the evidentiary test to cause the
defendant’s alcohol concentration to exceed the level specified in the applicable clause. Evidence
that the defendant consumed alcohol after the time of the violation may not be admitted in defense
to any alleged violation of section 169A.20, unless notice is given to the prosecution prior to
the omnibus or pretrial hearing in the matter.
Subd. 2. Impairment from prescription drug. If proven by a preponderance of the
evidence, it is an affirmative defense to a violation of section 169A.20 subdivision 1, clause
(7) (presence of schedule I or II controlled substance), that the defendant used the controlled
substance according to the terms of a prescription issued for the defendant in accordance with
sections 152.11 and 152.12.
The officer may be waiting for the test results before he files the paperwork with the courts. Try calling him. If you don’t recall his name, the department should be able to look it up by your name and the date/time it happened.
Green card has nothing to do with process for Japanese visa. It depends on your current citizenship. What’s yours?
entry into japan with a misdemeanor dui?
I’m planning on a trip to visit Japan this december and since I’m a green card holder, a tourist visa is required to enter into Japan. I have a misdemeanor DUI on my criminal record, should I be honest on the application? Some says Japan don’t have access to the U.S. database….they wouldn’t know if I don’t tell. I don’t want to lie on my application, anyone know if a misdemeanor DUI will lead an application to be declined? I’m currently in a DUI diversion program, did no jail time at all.