Many of our clients are concerned about statements they have made during a DUI arrest. During an arrest, any statements that you make to officers may be included in the officer’s arrest report. The officer’s report and observations then are used in Court as evidence against the person being charged. Therefore, statements made during the arrest can be crucial to your case, and should be made carefully.
At the time of arrest, many people are scared and have not dealt with law enforcement before. Feeling that honesty is at issue and that they are required to answer any questions the officer may ask, the person being arrested usually fully complies and gives any answers the officers are looking for.
However, every person has a right against self incrimination. This is their fifth amendment right, which protects every person from having to provide evidence that can be used against them when they are being prosecuted. The fifth amendment right extends to any kind of arrest, including DUI arrests. This means that when a driver has been stopped by officers for suspicion of driving while intoxicated, they have the right to remain silent.