Why don't people accused of DUI have the same rights as people accused of rape?

Question

I've seen a couple dui questions here recently, so i have one.

If someone is accused of DUI, they are not allowed to have a lawyer until after the questioning of the suspect, even if they ask for one.

Furthermore, should someone be punished, such as a loss of license, before they even have their day in court?

april, so you want to eliminate the three branches of government, and have the cops do the judicial part also?

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there are several reasons someone may not want to do a breathalyzer, btw. You can not assume it is because of guilt. For instance, people who work with chemicals, like acetone, are likely to have incorrect results. there are other tests, like blood and urine tests which are less likely to have misdiagnosis'.

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I'm getting a lot of people who are convicting the people before being proven. So you guys believe everything a cop says?

Answer 1

Yes they should have their license taken away before their day in court. And rapists get less of a punishment then drug dealers do. the max punishment on a rape charge is 5 years. So dont compare a DUI and rape. Try DUI and drugs.

Answer 2

You are wrong in your assumptions in your question. If someone is accused of DUI generally they are arrested at the scene, at which time they are read their Miranda rights (right to remain silent, right to an attorney, etc).
They are usually questioned at the station, where they do have a right to remain silent or the right to an attorney. If a person asks for an attorney, and that request is ignored and the police persist in interrogating the suspect, then his 5th amendment rights have been violated.

The difference between rape and DUI is that there is no grand jury trial (indictment) for misdomeanor charges. So the 6th amendment plays a greater role in rape cases.
6th amendment interpreted by the courts - you are entitled to a lawyer once adversary proceedings are brought against you, this means at the time of indictment the 6th amendment attaches.

As for your license...it will not be suspended, but usually they will take it before your day in court. Its illegal to drive without a license, about a $50 ticket. Dont mistake not having a license with having a suspended license/not having a valid license.

Answer 3

YES - if you are stoooopid enough to drive under the influence then you're license should be removed and in fact your car should be impounded.

Actually, operating an automobile is a privildge not a right, therefore therefore the same rules of due process do not apply as they do to other criminal offenses.

Also if you are accused of DUI they usually have proof of your intoxication right on the spot and the arresting officer is also the complaining witness so there is not much chance of a situation where it is one persons word against anothers (as rape very well may be).

Drunk driving is a stoooooooooooooopid and dangerous thing to do and whatever measures that society has to take to protect us from stooooooooopid drunk people are okay with me.

Answer 4

Simple, when you got you license you agreed to follow the rule, and one of the rules is that, if you refuse or fail a test, then you give up your privilege to drive.

You MIGHT get a reading from acetone, but in that case you can and should request a blood test. Let the officer know that you work acetone. But most studies have shown that the reading would only be about .01 to .02, so if you're at .08 that means you are at least at a .06 and under most states you are driving while impaired.

Answer 5

If someone accused of DUI requests an attorney, all questions stop at that point. The Miranda warning applies to all who are arrested.

The reason you don't see this is most people who are stopped for driving under the influence are too drunk to ask for an attorney. They are too busy trying to convince the officer they are not drunk.

Those arrested for other crimes are punished before their day in court. That's what keeps bail bondsmen in business.

Note - I disagree that DUI is not as serious an offense as rape. Talk to someone who has lost a family member to a drunk driving accident.

Answer 6

If you are accused of a DUI, then you where most likely drunk at the time of the accusation, and it is easily proven. The main difference is, DUI in most states, is not seen as that big of a crime. I think that if you are caught drinking and driving, for any reason, you are given a mandatory 1 year jail sentence, and your drivers license is revoked for 3 years.

Answer 7

This is true, you have an automatic suspension of your drivers license if you refuse a breathelizer in my state, just as you would if you failed the test. Of course, common sense tells you the driver is refusing for a reason, so I frankly don't have that much of a problem with it. Traffic laws are often seperate from criminal laws. DUI is a traffic violation until you get 3. Only then does it become a criminal felony.

Answer 8

DUI is nothing as bad as rape, and that is a very good question. Why do people that do the worse crimes and the people that are arrested for misdemeanors get no rights. Being arrested is being arrested and everyone should have the same treatment!

Answer 9

I think you are allowed a lawyer, but one should be present when you are given a breath test, the same as if your house is searched, you may have one present. They are searching your person, ie, your breath. If you are not guilty until proved guilty then it should be illegal to take your license until pr oven so, since you are guilty of nothing until pr oven so or you plead so. We just don't have basic constitutional rights anymore.

Answer 10

you may need to call a lawyer or law professor about that one. This may just be in your jurisdiction. But maybe a qualified lawyer or scholar of the law can help you there.