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The role of a DUI defense attorney during police questioning

On Behalf of | Aug 23, 2024 | DUI |

People sometimes decide how they will handle criminal charges without consulting with an attorney. They may decide to talk to police officers after their arrest or enter a plea without ever getting professional support. Doing so can be a major mistake.

There is a reason why police officers have to inform someone of their Miranda rights at the time of their arrest. That way, people can use their right to remain silent during police questioning and can consult with an attorney before they make any major decisions.

Individuals arrested for driving under the influence (DUI) charges frequently forego consulting with an attorney initially. However, having a lawyer present during questioning can make a major difference for a DUI defendant.

People can easily implicate themselves

Even one or two drinks can be enough to give a person the liquid courage they need to try to talk their way out of criminal charges. Police officers understand that those subject to arrest are often eager to exonerate themselves. They leverage that desire to put someone at a disadvantage.

They may ask the same questions repeatedly, seclude people in a room for hours or imply that their cooperation might result in a lesser penalty if they plead guilty. Unfortunately, it is perfectly legal for police officers to lie to people while they are in state custody.

Those hoping to explain why they may have seemed impaired may unintentionally give police officers information that can play a role in their prosecution later. The best chance of avoiding a DUI conviction comes from immediately using one’s rights during an encounter with the police.

Those subject to arrest may need to invoke the right to remain silent and their right to contact a defense attorney. That way, they have someone present to advocate for them during questioning. An attorney can advise their clients to help them avoid implicating themselves.

Responding appropriately after a DUI arrest can improve a driver’s chances of avoiding a conviction. People who make mistakes when interacting with law enforcement may have a harder time defending against DUI charges if they take their case to trial. Those who assert their rights early on may have a better chance of beating their pending charges.