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Questions during a DUI stop and your right to remain silent

On Behalf of | Oct 13, 2020 | DUI

If law enforcement pulls you over on suspicion of drunk driving, the officer will ask you some questions.

You always want to interact with a police officer in a courteous manner, but are you required to answer questions? What are your rights?

Possible questions

The officer who stops you on suspicion of driving while under the influence of alcohol may ask where you were, where you are going and if you have consumed any alcohol. At this point, any answers you give are purely voluntary. Anything you say to the officer can be against you in a DUI case.

The Fifth Amendment

You have the right to avoid self-incrimination under the Fifth Amendment to the United States Constitution. This means that you can protect yourself by refusing to make statements or answer questions that could lead to criminal prosecution.

About Miranda Rights

The term “Miranda Rights” comes from Miranda v. Arizona. In that case, the United States Supreme Court ruled that law enforcement officers must inform suspects that they have the right to remain silent and advise them to obtain an attorney prior to an interrogation. Keep in mind that an officer only has to provide this information if he or she is going to question you personally. According to the Supreme Court ruling, the officer is only obligated to read you your Miranda Rights after your arrest and before a formal interrogation begins.

Your defense strategy

You may have given answers to the questions asked by the officer voluntarily because you were nervous or because you were anxious to cooperate. Now your defense team will pursue other questions concerning law enforcement actions and the legality of your arrest positioning you for the best outcome possible in your case.