DWI & CrIMINAL LAW
Be aware of your rights. Some of your rights include your right to remain silent and your right to be free from unreasonable searches and seizures. If you encounter a law enforcement officer, you may provide your identity but you are not required to have a conversation. You may ask the officer if you are under arrest, and if you are not, you could tell the officer that since you are not under arrest, you will leave. If you are placed under arrest, you should be read your Miranda rights, which advise you of your rights to remain silent and to an attorney. It is often a good idea to listen to your rights and to remain silent. If you want to talk to an attorney, then ask to talk to one and you should be given that opportunity. If an officer wants to search you, your car or your home, then the officer will need to have a search warrant in many cases. An officer may ask you to agree to a search, but you do not need to agree. We still have constitution and rights in the country. Be aware of your rights and exercise them if need be.
A DWI is a serious matter. If you receive a DWI, you will have a criminal issue and a civil issue. The civil issue involves your driver license, which you will lose unless you take action with the DOR right away. You may wish to speak to an attorney regarding your driver license as soon as possible after receiving a DWI. There are strict time limits for taking action on your driver license. The criminal issue involves the DWI criminal case that the State will file in court.
Standardized field sobriety tests (SFSTs) are used by law enforcement officers to help them determine whether a driver is impaired. When properly administered, the SFSTs can help an officer correctly identify a person who is impaired. But did the officer properly administer all of the SFSTs? This is a question that a properly trained person can answer. The administration of the SFSTs is important in both your DOR/driver license case and in your criminal case. Attorney Brandon Stafford obtained his Certificate of Training showing successful completion of the 24 hour DWI Detection and Standardized Field Sobriety Training Program in May of 2014.