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.
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 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 Divorce and Accident Injury Attorneys, L.L.C. 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.
Our law office is centrally located and easily accessible from Interstate 465.
We’re Here to Help You!
We are available by phone 24/7 to discuss your case, and we make it a priority to answer all of your questions as soon as possible.(317) 969-8000
What Our Clients Say
Very professional and knowledgeable, and fighter when needed.”
- Tyler Height, Emerson Law Client
JR is a problem solver, he works well with people and is very comfortable in court. My ex and I are decent friends and JR made this a very easy thing for us. I hope you the same! Glad I chose JR, couldn't have imagined this going any smoother than this!”
- Amanda, Emerson Law Client