What are a person’s rights after being arrested for DUI?

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What are a person’s rights after being arrested for DUI?

I was arrested for DUI but no complaint was filed against me, however I can’t get my license back. The district attorney says that my case is still under investigation. My breath test registered 0.0 and I submitted a urine test but I have not been given any results. I was arrested 01/27/11. Have my rights been violated?

Asked on March 1, 2011 under Criminal Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you have any inkling that your rights are being violated go and seek help from an attorney in your area.  It is my understanding that California has one of the toughest and strictest set of laws with regard to DUI cases.  Really if you have yet to be charged then what rights would be violated?  The right to be charged timely?  The DA has time here.  And they can not speed up the testing center but if you are charged then you will be entitled to obtain the results during the discovery process of your case.  remember that having a license is a privilege and it comes with it in many states implied consent, meaning that you can be stopped if an officer thinks you may be drunk and you consent to the testing.  Get help.


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