Law Offices of Matthew Chin, Esq.

Your case. Your rights. Your life.

What Are My Rights If My Car Gets Pulled Over?

Police need reasonable suspicion of criminal activity or a civil motor vehicle infraction in order to stop a car.
You do not have to tell them where you were coming from or where you're going.
If they suspect that you've been drinking, you do not have to take a breathe test or field sobriety tests.
Police cannot order you out of the car and pat frisk you without a sufficient legal basis.
You do not need to consent to a search of your car or any containers in your car.
Police need probable cause to search your vehicle, and specific grounds to search any locked containers.
You do not have to tell them if there is anything illegal in your car.
Police can ask for your license and registration. You should know where those items are at all times.
You do not have to agree to take the portable roadside breathe test.
At a drunk driving roadblock, police can temporarily stop you without evidence of a crime, but they must let you leave if you aren't showing signs of intoxication.

You have the right to remain silent.
You do not have to speak to police.
You are entitled to consult an attorney before agreeing to answer police questioning.
Once you are arrested for a crime, you are entitled to have your Miranda rights read to you.
If you can't afford an attorney, the government must provide you with one to assist you.
You do not have to tell police where you were born.
You cannot be forced to incriminate yourself.
You do not have to answer every booking question. Some of them are meant to illicit incriminating answers.
You have a right to an independent blood draw, if you want it.
You are entitled to receive medical attention if you need it.
The arresting police department must summons a bail clerk to set a reasonable bail for you to post before your arraignment.
Once bail is set, you have a right to make a phone call to seek assistance in posting bail.

Do not engage in small talk with police or other people in the station.
Do not talk about your case over the phone or to other arrested individuals. The police station is recorded with surveillance cameras and officers are always listening in for unprompted criminal admissions.
Remain calm and be cooperative. The place to fight the charges is in the courtroom, not in the booking cell.
Be truthful when giving your identifying information at booking. Misleading the police could lead to additional charges and a more expensive bail.
Do not consent to any searches of your body or your property.
If you're arrested for OUI, do not answer any booking questions about recent alcohol or drug use.
Remain silent until you leave and immediately contact a criminal defense attorney for a consultation.