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Your choices immediately preceding and following your arrest have a significant influence on the outcome of your case. Despite a defendant's experience with television's mantra of "you have the right to remain silent," many defendants foolishly try and talk their way out of trouble. If you are arrested, it is crucial that you remember the following:
-You have the right to remain silent-and you should do so! In an arrest situation, police officers generally have no interest in protecting your rights or interests. They are trained to elicit from you incriminating statements. So why make their jobs easier? When in doubt, keep quiet.
-You have the right to consult with an attorney
In DUI cases, you should always remember the following:
-You do not have to tell the officer where you are coming from.
-You have the right to refuse to tell the officer if and what you were drinking. If it is late at night and an officer pulls you over on suspicion of driving while intoxicated, nothing you can say or do will stop that officer from arresting you. But you can choose to protect your interests and help your case by not helping the officer do his job (which is to help prosecute you).
-You have the right to refuse to perform field sobriety tests roadside after you've been stopped by a police officer. Field sobriety tests are designed for your failure. Your refusal to submit to a field sobriety test will not be used against you, while any positive results of such a test will never be considered in your favor.
-You have the right to refuse a breathalyzer test at the police station after you have been booked for OUI. At this point, your right against self-incrimination has kicked in and you can no longer be forced to give evidence against yourself. If requested roadside, however, your refusal to submit to a blood test will result in the suspension of your license for six months.
-You have the right to request to be released from the police station as quickly as possible in order to have your own private blood test performed by a doctor of your choosing.
By smartly and politely deciding to invoke your rights, you will greatly increase your likelihood of success against any and all charges against you.
Attorney Crouch practices in a wide range of areas of criminal law. He often enters criminal matters before charges are even brought. It is crucially important for you to secure dedicated, skilled legal defense to protect your rights. Please contact Attorney Crouch at (617) 742-4111 or email him at acrouch@andrewcrouch.com to set up a consultation.
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Guide to Massachusetts Criminal Law
The Criminal Process Explained
What To Do When Arrested
OUI & DUI Information
Frequently Asked Questions
Criminal Appeals
Juvenile Law
Sex Offender Cases
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