People aren’t always fully aware of their own rights when they are facing an arrest, particularly if this is the first time they’ve been detained by the police. While many know they have a right to an attorney, they don’t know at which point during the arrest they can actually invoke that right.
The first thing you need to know is you do not have any formal right to an attorney until you are under arrest. However, you also don’t have any general obligation to incriminate yourself either, so you can invoke your right to remain silent.
As soon as you are arrested, you have the right to legal advice from an attorney. Until one arrives, it is crucial to understand that the less you say and do, the less likely you are to give an officer a reason to continue the investigation. He or she may ask you questions, invite you to perform field sobriety tests, and even attempt small talk to gather evidence against you.
For any questions or requests for cooperation from the officers following your arrest, you should respond with a polite, but firm, request to consult with a lawyer. If your request is ignored, your attorney can then ask the court to suppress any evidence collected after the denial, such as blood or breath test results.
When your attorney arrives, his or her job will be to examine the circumstances surrounding your arrest and the arresting officer’s investigation. Whether law enforcement failed to remind you of your Miranda rights or failed to properly calibrate the devices used to conduct the chemical tests, a skilled and experienced criminal defense attorney can find and exploit these violations and use them to suppress the evidence of a DWI, which can result in the dismissal of your entire case.
If you were arrested for a DWI, don’t hesitate to give our knowledgeable Muncie DWI attorneys a call. Brooke-Stevens, PC is dedicated to helping Muncie residents defend their rights and freedom. We have been helping people through their legal difficulties since 1984, and we take pride in providing exceptional service and legal advocacy for our clients. Let us see what we can do for you.
Contact us at (765) 663-4009 or fill out our online form to schedule a free case consultation today.