Oct 23, 2020
Remaining Silent After Being Pulled Over For A DUI
Many people think that if you answer a police officer's questions after
being pulled over for suspicion of DUI but before being arrested, the
answers can be thrown out because you have not been read your Miranda
rights. This, unfortunately is not the case. Everyone knows that once
you have been read your Miranda rights, anything you say can and will
be, etc., etc., etc. What many people don't realize is that if you are
being read your Miranda rights, you have been arrested.
A confession is only valid if you know you have the right to remain
silent. Answering questions is not the same as confessing. Also, the
Supreme Court determined that only in Custodial Questioning do answers
to officers' questions need to be preceded by a Miranda Warning. Before
that, you are just being asked questions, which, in any case, you do
have the right not to answer. All you have to give is your name, date of
birth and perhaps Social Security Number. It is highly recommended that
that is all you give, and then call a defense attorney.
If you live in Burlington, Essex, Colchester, Winooski, Williston,
Shelburne or anywhere in the state of Vermont, and have been arrested or
charged with DUI or any crime, call Handy Law for aggressive and
experienced legal defense.