Your Rights as a DUI Prisoner


If you have been convicted of a DUI and sentenced to serve time in jail, this does not mean that all of your rights have been taken away from you. Once incarcerated, you have prisoner's rights that protect you from various violations during your time in prison.

What Are Your Basic Prisoner's Rights?

Some your basic rights as a prisoner include the following points.

  • If you are unable to post bail, while you wait for your trial, you have the right to be jailed in humane facilities. You can also not be punished or treated as though you are guilty;
  • You have the right to be protected from cruel and unusual punishment. This right guarantees that you are not treated inhumanely and that your dignity is not violated;
  • You are protected from sexual crimes and harassment;
  • You can complain about the conditions you are jailed in and how you are being treated;
  • If you are disabled, you have rights that you are entitled to under the Americans with Disabilities Act;
  • During your incarceration, you are entitled to medical care that is considered adequate;
  • If you need mental health care, you have the right to be adequately treated;
  • While in prison, the only rights you retain are those guaranteed by the First Amendment as long as security and discipline are maintained;
  • You are protected from racial segregation in jail as long as it is not necessary for security;
  • You cannot be deprived of your belongings - if it is unauthorized and intentional - by prison officers; and
  • If you might be moved to a mental health institution, you have the right to a hearing preceding your move.

There are many other protections you are entitled to in certain situations as well as exceptions to all these rights. If you are convicted of a DUI and need to serve time in jail, a DUI attorney near you could explain your rights during incarceration as well as ensure you are being treated fairly while in jail.

A DUI Lawyer Can Be An Invaluable Guide during Your DUI Case

No matter where you are in fighting your DUI crime, a DUI attorney can help you by figuring out the next best step for you in DUI court and guaranteeing that law enforcement does not violate your rights during the proceedings.

Total DUI can help you find a DUI lawyer to help you with your case - just fill out our free DUI case evaluation or call 877-349-1311, and we'll do the rest in connecting you with a local DUI lawyer from our nationwide network of sponsoring DUI attorneys.

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