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Actually Using Your Right to Remain Silent During a South Dakota DUI Stop May Be Harder Than It Seems


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7/28/2014
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Even if you aren’t read your Miranda rights during a stop or arrest for driving under the influence, it’s still a good idea to invoke your right to remain silent. While the police may not directly tell you that you have the option of remaining silent, they are taking note of what you say, and they will use it against you in court.

Unfortunately, although remaining silent during a DUI stop can help you avoid many complications, it’s not always as easy to do as it sounds.

It’s Not Always Easy to “Remain Silent” During a South Dakota DUI Stop

Although you can choose to “remain silent,” you will still need to communicate some basic information to the officer and respond to some requests, making it easy to accidentally say too much. It can actually be very difficult to truly stay silent because:

  • Police may not remind you of your Miranda rights before asking questions during a DUI stop.
  • It’s scary to remain silent when police are asking questions, and it may not always be clear what you should or shouldn’t say.
  • You believe that the stop is a misunderstanding and want to clear up the problem by talking with the officers.
  • You disagree with the officer or start getting angry, making it more difficult to hold your tongue.

You Have the Right to Reach Out for Legal Counsel After a DUI Arrest

Along with your right to remain silent, don’t forget that you also have the right to legal counsel. If you have already been charged with a DUI and fear that you made mistakes during the arrest, don’t hesitate to contact our Sioux Falls team for an experienced legal opinion about your option as you move forward.



Category: Criminal Defense

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