DUI INCRIMINATING STATEMENTS
During a DUI investigation (yes, it’s a police investigation) the officer will question you seeking to elicit a response so he or she can further investigate. Never forget that you have the right to and should remain silent. If asked to do so, identify yourself to the officer. You do have a legal obligation to do so. You should identify yourself by providing the officer with your license, registration and proof of insurance. If you avoid speaking, the officer will not have a basis to note “slurred speech” in the police report.
INCRIMINATING STATEMENTS – AVOID THEM
It is your legal right to remain silent while the officer questions you. After all, the 5th Amendment to the Constitution provides for a right against incriminating yourself. Too many people think they can talk themselves out of a DUI, or just explain what is going on. Don’t be intimidated by the officer, don’t think you can talk your way out of this, don’t give them what they want…more evidence to use against you. While the officer will likely become agitated by your silence, you will be preventing the Hamilton County Prosecutor from having additional evidence they can use to convict you.
THE POLICE DID NOT READ ME MY RIGHTS
Right. That’s because the Carmel Indiana Police and Hamilton County Sheriff’s Department do not have to read the Miranda Warning to you until you are in police custody (detained or not free to go). The officer will ask you numerous questions to facilitate the DUI investigation, but remember you do not have to answer their questions. Don’t worry about looking bad later or looking guilty. If you don’t exercise your rights who will?
HAVE YOU BEEN DRINKING?
You can pretty much bet that the Carmel Police Officer will ask if you have been drinking and how much you’ve had to drink. Remain silent. Don’t answer these questions. Do not help the officer convict you of DUI. Any answers you provide will not get you out of this situation. In fact, you will only be hurting yourself by providing evidence that you were impaired and making your attorney’s job that much more difficult.
We Can Help!
CAN YOU KEEP MY STATEMENTS OUT OF COURT?
Maybe. If you made statements to the officer that the Prosecutor will try to use the most damaging statements against you in court. To avoid this, your attorney may be able to file a motion to suppress (link to later page suppressing evidence) your statements in an effort to keep those statements from being used as evidence against you at a trial. Winning a suppression motion is fact sensitive and can be your word against the officer. So better off to just not make any unnecessary statements to the police.
The lawyers of Emerson Law have over 20 years of combined experience and are prepared to assist you in your DUI defense. Our attorneys offer criminal defense for all felony DUI and misdemeanor DUI charges.
We accept cases from Carmel City Court, Hamilton County Court, Boone County, Marion County, Hendricks County and throughout Indiana.
LEARN MORE ABOUT INDIANA DRUNK DRIVING LAWS
- Right to Remain Silent
- Incriminating Statements
- DUI Evidence
- DUI Blood Alcohol Content
- DUI Breath Tests
- Field Sobriety Tests In Indiana
- DUI and Traffic Violations
INDIANA DUI LAWYERS FAQ'S
- What Is a DUI a felony?
- Will I have to serve jail time for my DUI / DWI?
- How long will a DUI / DWI stay on my record, counting as a prior offense?
- If I'm pulled over for suspicion of drunk driving, when must the police officer give me a breathalyzer or blood test?
- Can I get out of my DUI / DWI by plea bargaining for a wet reckless?
- After my DUI / DWI conviction, will I be required to install an IID?
- Will I lose my license for a DUI?
RESOURCES FOR THOSE CHARGED WITH DRIVING UNDER THE INFLUENCE
- IC 12-23-14 Court Established Alcohol & Drug Services Program
- IC 12-7-2 Definitions
- IC 33-37-8 Local User Fee Funds
- Court Alcohol & Drug Program Rules
- Indiana Statutes related to Confidentiality and Reporting
- Federal Rules: 42 C.F.R Part 2 - Confidentiality of Alcohol and Drug Abuse Patient Records
- Program Directory
- NHTSA Impaired Driving
- Judge Resigns After DUI
- Woman charged with DUI in crash
- DAk Prescott DUI Arrest
- Drunk Driving Laws Don't Match Research
- Supreme Court decision will not impact Indiana DUI tests
JR Emerson is a Carmel, Indiana DUI attorney representing individuals charged with dui, driving under the influence, OVWI, operating a vehicle while intoxicated, OWI, operating while intoxicated. Our DUI lawyers represent men and women in Hamilton County, and throughout Indiana. Cities in which we practice include: Carmel, Noblesville, Fishers, Zionsville, Lebanon, Whitestown, West Clay, Lawrence, Beech Grove, Speedway, Greenwood, Southport, Franklin, Plainfield, Avon and Danville, Indiana.
How an Attorney Can Help
The State must prove it's case beyond a reasonable doubt. Your attorney's job is to challenge the State's evidence. Learn how an attorney can help with the use of Subpoena's and Depositions.
Whether you are contemplating divorce, or been arrested or injured you are probably scared, unsure what will come next and what to do. Give me a call. We will sit down, go over your options and work to find a way to move forward. Call me or another attorney. But call someone and get the help you deserve.
- JR Emerson, Attorney
I am here to help. I am not here to judge. For nearly 20 years I have been helping people in difficult situations and I would be happy to speak with you to see how I might be able to help you too.
- Jill Bracken-Emerson, Attorney
Schedule a Consultation Now!
If you need help we are happy to talk to you at no charge. Give us a call or click the button to make an appointment.
Our office is located on the north side of Indianapolis at 98th Street and Keystone Avenue.
3091 E. 98th Street, Suite 180
Indianapolis, IN 46280
Our attorneys represent people in need of assistance with personal injuries, car accidents, divorce, family law and DUI/OVWI matters. Our clients typically live in counties throughout central Indiana including, Hamilton County, Boone County, Marion County, Hendricks County and Johnson County. Please contact our office to learn how we can help.
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JR Emerson is an attorney who represents men and women in family law matters including divorce, child custody modification, and child support modification in Marion County, Hendricks County, Boone County, Hamilton County, Hancock County, Madison County, Johnson County. Cities in which he practices include: Zionsville, Lebanon, Whitestown, Carmel, West Clay, Westfield, Noblesville, Fishers, Lawrence, Beech Grove, Speedway, Greenwood, Southport, Franklin, Plainfield, Avon and Danville, Indiana.