Exercising Your Right To Remain Silent

Apr 22, 2015 | DUI Defense

The 5th amendment of the Bill of Rights states that a person shall not be “compelled in any case to be a witness against himself…” The founding fathers felt that it was very important to give those accused of crimes the right to be quiet. A person cannot be compelled to give verbal evidence against oneself. The issue gets complicated as indicated by the large amount of litigation surrounding the issue, but one thing is certain. You have the right to remain silent and a clear invoking of that right will ensure that your silence is not used against you.

Why Remain Silent?

You may wonder why would I choose to remain silent? The answer lies in the fact that usually law enforcement asks questions of suspects in order to gather evidence against that suspect. For example, in a DUI case in Colorado Springs, a police officer is typically going to ask a driver if he has been drinking if the police smell alcohol or see other indications of possible intoxication. If a person admits to having “two beers” the officer is going to assume that the person is not telling the truth and proceed forward with field sobriety tests. If a person denies drinking, but there is an odor of alcohol or other indications of drinking, the police are going to proceed forward with the investigation. Additionally, that lie is going to hurt the accused chances during a jury or court trial if there is other evidence of alcohol consumption, such as a breath or blood test.

Always Tell The Truth

Please understand that I am not advocating lying to or deceiving the police. I am advocating that you exercise your right to remain silent. Explaining to the officer, in detail, how many drinks and how big those drinks were, does not help your case. It is far better to clearly invoke your right to remain silent. Either way, if you are intoxicated you are going to be arrested. You are not going to talk your way out of a DUI. Too many people think they can fool the police. They must be thinking, “If I tell them I only had two beers, they will believe me and let me go.” That is completely false. The police are going to assume you are lying to them and proceed. If there are any indications of having been drinking, you will be required to take a test of your blood or breath, or risk losing your driving period for one year. If you are accused of a crime or are being investigated, either through or traffic stop or other situation, please help your future criminal defense attorney and remain silent. Your clear and direct invoking of your right to remain silent cannot be used against you in a court of law.

If you have further questions, please feel free to call me at the number below. I handle all types of criminal cases in Colorado Springs, El Paso County, Teller County, Woodland Park, Cripple Creek, and the surrounding areas. My clients include those charged with assault, harassment, menacing, traffic offenses, DUI, DWAI, felonies and misdemeanors. As a criminal defense attorney in Colorado Springs, I have the experience you need to get you through the Colorado Springs legal system.