Negotiating Plea Deals

After Your Arrest: What You Should Know About DWI Questioning

by Flenn Lane

If you are detained for a DWI, it means you are suspected to be driving under the influence of drugs or an illegal amount of alcohol in your system. If you are impaired while driving, you may not have as good a guard over your words and actions during the traffic stop. When you speak to the law enforcement officer during your traffic stop, you need to be mindful as to what you say, as anything you say will be held against you later. Here is how you should behave when you are pulled over for a DWI.

Consider the Questions

When you are pulled over, the officer will likely ask you a series of questions. If you are arrested, you will receive your Miranda Warning, which lets you know your rights and what you say may be held against you. Although you should be careful, you may not want to avoid answering all the questions asked of you, as the lack of your answers may appear as a sign of guilt.

Instead, listen carefully to any questions you are asked and provide clear, polite answers. If you do not feel a question is fair or if you think the officer is asking you a leading question that would coerce you in any way, you can simply state that you do not wish to answer at this time. You will still appear to be cooperating with the officer, but also retaining your legal rights.

You should never act angrily or disrespectfully, even if you believe you are not impaired. If you get into an altercation with an officer, you will have even more criminal charges to deal with.

Do Not Answer Questions Without Your Attorney Present

Once you are arrested and go to the police station, do not answer any questions without an attorney present. According to your Miranda Rights, you have the right to an attorney at any point, including during questioning after an arrest. You do not have to answer anything until your attorney arrives, no matter if the officers attempt to ask. Your attorney will guide you as to what you should and should not answer to prevent incriminating yourself.

An arrest is a scary time, particularly if this is your first offense. Try to remain as calm as possible and do not speak out of turn. Keep in mind that you can also decline further sobriety testing at the police station until your attorney gets there. For more information, contact a DWI attorney.