DUI FAQ
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The DUI Information You Should Know

Seeing the flashing lights in your rearview mirror is rarely, if ever, a pleasant sight. In these scenarios, things can quickly turn from inconvenient to dangerous when you are pulled over or arrested under the suspicion of a DUI. However, knowing your rights can help you challenge the charges and possible consequences.

When a traffic stop places your future at risk, contact Bauer Law Office for legal guidance. Let me, attorney Thomas Bauer, get you the answers you need when you need them.

Can I prove that police illegally searched my car?

While an officer may be able to search your car without a warrant if he or she has probable cause, they must follow a strict protocol. This means that if the authorities violate your rights, any evidence found cannot be used against you in court.

If you did not consent to a bodily search or the search of your car, talk to a lawyer at once. I can help you determine whether any egregious actions occurred and how we can best move forward with your case today.

What if the police did not read my Miranda rights?

You have a right to be informed of your rights. In fact, this right is so crucial that when law enforcement neglects to take this step, the court cannot use any incriminating statement you make at the time of arrest against you. A failure on the officer’s part to read you your rights does not automatically prevent a conviction or jail time. However, it can protect you from accidentally implicating yourself further.

If you believe that police did not appropriately inform you of your Miranda rights and you now face DUI charges, reach out to me at your earliest convenience.

Do I have to submit to a Breathalyzer or blood test?

Although officers do not require a warrant to submit you to a Breathalyzer, this does not hold true for blood tests. Despite Minnesota’s implied consent law, the Supreme Court has ruled in Birchfield v. North Dakota that a blood test is far too intrusive – and ultimately unnecessary, in some cases. For this reason, if an officer asks you to submit to a warrantless blood test, you may refuse. When a blood test issue arises, a lawyer can help you dispute your charges.

On the other hand, refusing a breath test could result in other significant consequences, so it is best to only refuse with extreme caution. If you declined to partake in chemical testing after a traffic stop and now face repercussions, do not wait to speak with an attorney.

Have More Questions For Me?

After practicing criminal law for over 40 years, I understand how intimidating it can be to face a DUI arrest. I am here to address your concerns. If you seek more information or a strong defense, schedule a consultation at my Brooklyn Park office to learn more. Call 763-445-9911 or email me to discuss your circumstances and any other inquiries you may have.