Know Your Legal Rights When Pulled Over For DUI

Did you know that being aware of your rights when dealing with the Las Vegas police can make a huge difference? It doesn’t matter if you’re never been in trouble with the law or you’ve had a few run-ins, being aware of your legal rights is something that everyone should brush up on. There are a number of crime dramas on TV nowadays that can end up skewing how you think things work with the police. That and people often have pre-conceived notions that aren’t always based on fact. Whether you are being pulled over at a DUI checkpoint, or under the suspicion of another crime, how you conduct yourself can make all the difference.

How to Approach the Conversation

While a police officer isn’t your enemy, a big part of their job is to make arrests, so keeping this at the back of your mind will help you proceed in a cautious and smart way.

Should a police officer come to your residence in Las Vegas, approach you when you’re out, or pull you over, they obviously feel there is something worth discussing.

The police officer will first need your consent to speak to them if you are a suspect of a crime. You cannot be forced to talk to them. Once you consent to a search or speaking to them, everything they find, and everything you say will be kept as evidence. You have to think about how this could affect your case should you be charged with a crime.

Even if you ask the officer if something can be said off the record, this won’t happen because once consent is given, everything is on the record. You also have the right to give consent in the beginning then take it away whenever you like. You can actually ask the officer to delay the questions if you’d prefer. This can only be done if you aren’t in custody and you haven’t been detained. During the delay, this is the opportunity for you to consult with a local Las Vegas attorney, do a little research on the law, and prepare yourself.

Unlike in TV shows and movies, your Miranda rights don’t have to be read immediately. These need to be read once you are in custody.

Searches in Your Home and Vehicle Stops

Two common places you may question your rights when dealing with the police in Las Vegas are in your home and with vehicle stops. The only time an officer is permitted to search your home is when they hold a valid search warrant. You also don’t have to invite them in if they are just there to ask questions, the choice is up to you. There are exceptions of course, such as an emergency situation, or if you are a victim or a witness of a crime.

When it comes to vehicle stops, which are much more common, the officer is allowed to pull you over, frisk all the people in the vehicle including the driver if they believe there are weapons, and they can arrest you. Reasonable belief or a search warrant is needed to search your car, but again there are emergencies that act as the exceptions. Most people have come across checkpoints in Las Vegas where they are looking for illegal immigrants, narcotics, or checking for DUI. As long as these checkpoints follow proper procedure, they are legal.

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