DWI Self Incrimination
The Fifth Amendment of the U.S. Constitution states that no person should “be compelled in any criminal case to be a witness against himself.” This means that during an arrest or trial, you have the right to avoid making self-incriminating remarks – that is, remarks that would prove your guilt.During a typical driving while intoxicated (DWI) arrest, the police officer will read your Miranda Rights, which include the right to remain silent. Any comment made after your Miranda Rights are read may be used against you should your case go to trial. Therefore, you should avoid offering any information other than your identification and address before you speak to a DWI defense attorney.
The law gets tricky when it comes to breath and blood tests, which are used to determine your blood alcohol content (BAC). While these tests are technically self-incriminating, refusing to take the test may lead to more penalties than if you take the test and fail. This is due to many state’s implied consent laws. When you apply for your driver’s license, you automatically agree to comply with a chemical test, should you be pulled over on suspicion of drunk driving. To learn more about your state’s DWI laws and which tests are required of you, contact an attorney in your area.
If your case goes to trial, the Fifth Amendment protects you from taking the stand. The jury may not use your refusal to testify against you when they are deliberating on the verdict. However, if you take the stand, you waive your Fifth Amendment rights, and will not be allowed to decide which questions you will answer and which you will not.
If you have ever watched any legal or law enforcement shows, you may have heard a witness on the stand saying he or she “pleads the Fifth.” This means that the witness does not want to answer the questions because it incriminates him or her in a crime.
Are you ready to fight your drunk-driving charges? It is a good idea to have a skilled defense attorney by your side. Contact an attorney today to discuss DWI self-incrimination and determine whether your rights have been violated.
