You don’t have to talk to police officers without an attorney

| Jun 11, 2015 | Felony DUI

When you are arrested on a drunk driving charge, your actions and words might affect you in various ways. It is important that you understand some basic points about dealing with the police officers and the criminal justice system. One of these points is that you have the right to an attorney.

You have likely heard about the Miranda rights, which are the rights that a person has when being interrogated. On cop shows, the arresting officer usually goes through the list that starts with “you have the right to remain silent” and moves on from there.

If you are being arrested or questioned, you have the right to have an attorney with you if you are asked any questions. In order to invoke your right to have an attorney, you have to make the fact that you are invoking that right plainly clear. You have to state without a doubt that you want an attorney present.

It is very unlikely that the police officers are going to specifically ask you if you want an attorney. Instead, you need to speak up. If you are asked a question, you have the right to say that you want an attorney present before you answer any questions.

It is important that you invoke the right in a timely manner. You are the only one who can request that an attorney be there during the process. Even if you haven’t read your Miranda rights, you still have the right to demand an attorney before you are questioned. Invoking this right can help you to ensure that you are questioned in a legal manner.

Source: FindLaw, “Invoking the Right to Counsel,” accessed June 11, 2015