If you are charged with driving under the influence, law enforcement must adhere to specific guidelines when detaining you in order to legally arrest you. Police officers in Denver must complete all five of the below steps in order to make a lawful arrest.
You Should Be Informed of the Cause of Your Arrest
If a police officer takes you into custody, they should immediately inform you of why they are doing so. For example, they should name the statute or law that you violated and exactly how you did so. If law enforcement fails to inform you of the reason for your arrest, this may result in the dismissal of the charges against you.
You Should Be Informed of What Your Legal Rights Are
When you are arrested, you are generally informed of your legal rights fairly quickly. You may have heard of “Miranda rights” before, which are the basic rights of a person who is detained by a police officer. These rights include but are not limited to the right to avoid self-incrimination by remaining silent and the right to an attorney.
The Arresting Officer Should Allow You to Contact an Attorney
After the process of booking you, fingerprinting you, and taking your mugshot photograph, you should be allowed to make a telephone call. You may be allowed to call home and reach out to a lawyer, or you may only be allowed to contact an attorney. Either way, it is against the law to keep a citizen detained without legal advocacy in the United States. You have the right to legal representation from the moment you are arrested according to the law.
When to Reach Out to a Denver Criminal Defense Attorney
If you’ve been arrested for a crime, you need zealous, experienced legal advocacy. You also have the right to it. Law enforcement officers in the United States may not arrest and detain an individual for any crime without allowing them to access legal aid. You may also be allowed to call home, but this isn’t legally required like being allowed to contact an attorney is.
Being charged with drinking and driving requires an experienced, zealous defense lawyer. Criminal defense and DUI attorney Richard B. Huttner offers his clients robust representation under the law to help protect your legal rights. Call today for your consultation at 303-981-6366.