DUI Incriminating Statements

Incriminating Statements

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.

Can You Keep My Statements Out of Court?

Maybe.  If you made statements to the officer that 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.


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