Exercise Your Rights Before an Arrest

 

Your rights

 

The wording of the Miranda rights vary from state to state because no particular speech is required, only a requirement that your rights are explained to you. These rights include the right to remain silent and the right to an DUI attorney. The police are also required to inform you that anything you say can be used in a court of law against you and that an attorney will be provided free of charge if you’re unable to afford one.

 

This is real life, not television

 

A common scene on many popular police dramas is the one where a police officer slaps the cuffs on someone and starts telling him his rights as they walk to the police car. Reality is a little different. Occasionally, you will be advised of your rights as you are handcuffed or placed in the police car, but your rights won’t usually be read to you until you’re already at the police station. The police are not required to inform you of your rights until they formally question (interrogate) you. Asking for your name, address, date of birth or social security number are considered routine questions and are not viewed as part of formal questioning so do not require that you be told of your rights. You don’t have to wait for the police to say you have the right to remain silent in order to exercise that right and it is advisable to provide as little information as possible before first consulting with an attorney.

 

Tell the officer to keep his hands to himself

 

You may have the right to refuse a physical search, also known as a pat-down search or frisking, although this varies from state to state. Refuse a physical search by clearly stating that you are not resisting but merely refusing the search. Never physically resist search attempts because a charge of assaulting an officer could be added to your case. Let your attorney know of your refusal so that additional information can be added to your defense if the officer did not have the legal right to perform the search.

 

Hold on to your rights

 

Don’t assume that what you say can’t be used against you. Anything said before your rights are read to you can be used as a spontaneous statement, and it’s easy to get caught off guard even after your rights have been read to you. Answering any questions or saying anything will waive your rights and your statements can be used to strengthen the charges against you. Even if you accidentally waive your rights, you can reclaim them by stating again that you do not wish to talk anymore until you have talked with your attorney.

 

Ask for an attorney and stick to your guns

 

Even after asking for an attorney, anything you say can be used in the case against you, whether what you say is in response to a question or not. The best option is to firmly, but politely, request an attorney and then say nothing further until the attorney arrives.

 

You really do have the right to an attorney

 

The 6th Amendment of the U.S. Constitution guarantees your right to legal counsel, but the time at which you can exercise that right varies from state to state. Ask for an attorney as soon as a request is made for you to either do a field sobriety test or take a Breathalyzer.

 

When you can get an attorney depends on where you are

 

In some states, you have the right to an attorney as soon as a request is made for you to take any DUI tests, while no such right exists before testing in other states. It is the officer’s responsibility to inform you if you don’t have the right to an attorney at that time and to document your request in the report. Any failure to record your request could be used in your defense. You most likely will not be granted access to a lawyer as soon as you request one. This isn’t considered a violation of your rights. In most cases, your rights are upheld if you’ve been allowed to contact an attorney in a reasonable amount of time.

 

When faced with a DUI charge, the police are not your friends. Remember that you always have rights.