Preventing Self-Incrimination: Dos and Don'ts When Interacting with Law Enforcement
How you interact with law enforcement can play a crucial role in your case, especially if you are suspected of DUI. There are certain rights that you have and should use, and then there are certain things you shouldn't do to aggravate your situation.
Whenever you are dealing with a DUI charge, it's best to contact an expert criminal defense firm to help you out. A criminal defense lawyer can guide you through the legal proceedings you are subjected to and help you explore your legal options in the hopes of getting your charges dismissed or receiving lesser punishments.
Here are the do's and don'ts when interacting with law enforcement, especially if suspected of DUI:
The Dos When Interacting with Law Enforcement
If you are ever in a situation where you are pulled over by law enforcement, it is essential to remain calm and respectful when interacting with them. If you are not calm and composed, you can entice suspicion.
Furthermore, confrontational behavior can escalate and complicate your situation. Avoid arguing or showing signs of aggression, and instead, comply with the officer's requests, such as providing identification and the required documents, such as your driver's license.
If you are detained or arrested, politely invoke your right to remain silent to avoid making self-incriminating statements. Under the Fifth Amendment of the U.S. Constitution, you have the right to refuse to answer questions that may be incriminatory. Request your right to speak with an attorney to guide you through the legal proceedings and protect your rights.
The Dont's When Interacting with Law Enforcement
Although it is essential to comply with authorities, you are not obligated to provide answers about your drinking habits or if you have consumed substances. Do not admit to drinking or drug use, and if you are asked to perform field sobriety tests in Florida, these are voluntary.
Whether you choose to engage in these tests is strictly up to you. However, you have to consider that these tests can be used as evidence against you if you engage in them. Not performing them, on the other hand, can also raise suspicion.
Lastly, even if you do engage in field sobriety tests, it is essential to understand that your DUI defense lawyer can later contest these tests. You may be asked to perform a preliminary breath test at the scene.
In this instance, if you are not under arrest, you can politely decline. Yet, if you are arrested and refuse a chemical test, such as a breathalyzer or blood test, you may face administrative penalties, such as suspending your driver's license.
Whatever you decide to do, it is important not to resist the arrest if it occurs or obstruct law enforcement officers while performing their duties. Doing so can result in additional charges. Comply with their requests even if you are wrongly accused and only consult with your lawyer.
If you are asked to consent to a vehicle search or have the officers search you, do not consent. You are not obligated to consent to this unless law enforcement officers have a valid search warrant. If you consent to a search, evidence might be gathered against you.
Essentially, the best way to prevent self-incrimination is to contact a DUI defense attorney as soon as possible and let them guide you through the legal proceedings and explore your legal options.