Your Rights to Counsel in a DUI Case


There are two amendments in the United States Constitution that protect your rights to counsel if you charged with a DUI and have to go to DUI court.

  • The Fifth Amendment: Under the Constitution, everyone is protected from being held responsible for a crime, unless a jury indicts them. The law also protects you from being prosecuted twice for the same crime or from serving as a witness against yourself.
  • The Sixth Amendment: Under the Sixth Amendment, anyone accused of a crime is guaranteed the right to a speedy and public trial by an impartial jury selected from the state and district where the crime was committed. You are also given the right to confront the witnesses testifying against you, have witnesses in your defense and be provided with legal counsel.

If you are facing charges and cannot afford an attorney, in most instances, the government will appoint someone to handle your case for free. Your right to access to an attorney can typically be applied from the time of your arrest to the first appeal after your conviction.

How Can a DUI Attorney Help You?

There are several ways a DUI attorney can help you during your arrest, interrogation, trial, sentencing and some steps in the appeal process. Some of the ways an attorney can help include:

Get in Touch with a DUI Lawyer Today

Total DUI understands the importance of a DUI lawyer when facing a DUI charge. A DUI attorney can help you learn about DUI state laws and penalties and can fight for you.

Connect with an attorney in your area by filling out our free DUI case evaluation form or calling 877-349-1311 to let us connect you with a DUI lawyer practicing in your area today.

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