What Should You Say When Speaking to Law Enforcement During a DWI Arrest?
If you are arrested for a DWI, chances are you are beyond the legal limit of alcohol or are impaired by some other substance. If you are impaired, it is very likely that your judgment will not be ideal, which can lead to several problems if you decide to talk too much. However, if you believe you are below the legal limit, an automatic response is to plead your case to the officer.
There is a certain way to go about doing this so that you do not incriminate yourself or make a statement that will work against you later. The following are some things to keep in mind when speaking to law enforcement after being arrested under suspicion of DWI:
You Have the Right to Remain Silent, But Should You?
When you are read your Miranda Rights, the office will tell you that you have the right to remain silent while anything you say can be used against you in court. While this is true, your silence can often be used against you in this situation. It constitutes what appears as a consciousness of guilt.
You do not need to say much, but you need to let the officer know you are invoking your Fifth Amendment right to not self-incriminate. This is enough of a statement that shows you do not think you are guilty but you are still remaining somewhat silent.
Ask for Your Attorney
Once you are brought into the station, you need to ask for your attorney before you do anything else. It is your legal right to have an attorney present for any questioning. Do not answer any questions until your lawyer arrives. You can also decline the breath test until your lawyer arrives. This way, you will not accidentally do or say anything that could result in a guilty plea in court.
Getting charged with a DWI can be very scary. It is particularly frustrating when you do not think you are guilty of being over the legal limit. It is important that you know what your legal rights are when it comes to dealing with law enforcement. If this happens to you, you need to retain an attorney as soon as possible. You will want to be fully prepared to defend yourself. An attorney will help you mitigate your case so that you are not charged with anything more than you are guilty of. Learn more by visiting resources like http://www.trafficlawyersuffolkcounty.com.