DWI Police Questioning
During a driving while intoxicated (DWI) arrest, you may be asked a series of questions by the law enforcement agent. It is important to speak with an attorney before the DWI police questioning begins. Answering in an effort to cooperate with the police may negatively impact your DWI defense down the road.You may have heard of Miranda Rights. These rights state that you have the right to remain silent and, if you waive that right, anything you say may be used against you in a court of law. What you may not realize, however, is that anything you say before an arrest can be used if your case goes to trial. For example, if the office pulls you over and asks how much you had to drink, the officer can use this in his or her testimony. This is because answers given during the stop are voluntary and are used to determine whether there is probable cause for a DWI arrest. Please note that if there was no probable cause for the initial stop, your charges may be dismissed.
If you are pulled over, a good rule of thumb is to only answer questions regarding your identity, insurance, and address. Any additional answers are unnecessary and may add fuel to the prosecution’s case, should it go to trial.
Even after a DWI arrest is made, the officer does not have to read your Miranda Rights if he or she does not intend to question you. But this does not mean you are off the hook – voluntary, incriminating statements may still be admissible in court.
If you are informed of your Miranda Rights, you may tell the office that you would like to speak with your attorney before answering any questions. The officer must then stop the DWI police questioning and allow you to contact your attorney. After some time passes, the officer might try to come in and begin asking you questions again. If you have not yet reached your attorney, you can once again refuse to answer any questions until you have spoken to him or her.
Have you recently been arrested and charged with drunk-driving? Were you subjected to DWI police questioning? If so, you should contact an experienced DWI defense attorney as soon as possible. Your attorney will review the facts of your case to ensure none of your rights were violated during your arrest.
