Interviewer: So police can say during the DUI arrest that, “I’m not going to provide you with access to an attorney until I am finished with questioning,” but then in counter, you can say, “Well, I’m not going to answer any questions then.” Is that right?
Kevin: Yes, of course. Once a driver is arrested and says, “I’m not going to speak to you without an attorney present,” realistically, the officer should cease all questioning at that point.
Interviewer: What happens if they don’t?
Kevin: In that scenario, any answers given by the person who was arrested should be excluded from evidence. The officer violated that person’s Miranda rights by continuing the questioning.
Questions and Answers That Can Be Used as Evidence Against You
There are other basic scenarios, too, in a DWI investigation that comes into play as far as general questions that are asked following arrest, which can be used as evidence.
Some of those questions include, “Are you injured?”, “Have you eaten any food?,” “How much alcohol have you consumed?”, “Over what period of time have you consumed this alcohol?”, and “What type of alcohol have you consumed?”
Other questions are “Have you seen any doctors lately?”, “Do you have diabetes?” and “Have you taken any medications?”
Those questions can be incriminating in nature and should always be preceded by Miranda warnings, as well.
Interviewer: Are there any other common questions that can cause people to incriminate themselves?
Kevin: Most people give incriminating responses during the first few moments of the car stop. Generally, the officer is going to ask, “Did you have any alcohol?” and “How much?”
Most people feel the obligation to answer that question or are under the mistaken belief that the officer will go easier on them if compliant.
I don’t advocate that you lie to the officer about what you drank or how much you drank. All I’m advocating is that a driver has the right not to answer those questions and to remain silent from the get-go.