Options Available to You When Stopped | The Arrest

If you are arrested for violating the North Carolina DWI Law, the best thing you can do is politely and respectfully comply, but DO NOT SAY ANYTHING!  It is a common misconception that if you are not read the Miranda Warning upon your arrest, your statements cannot be used against you. THAT IS WRONG!  You cannot be QUESTIONED after arrest without the Miranda Warning being read to you.  If you make a statement without being questioned by the officer, it is what is referred to as a spontaneous statement and it can and WILL be used against you.  Many times, I have seen clients who make statements in the patrol car, or at the police station, similar to “I shouldn’t have been drinking,” “I shouldn’t have been driving,” “I knew I had too much to drink” and so on.

Even after you are Mirandized, you still should NOT answer any questions.  The officers will normally ask you questions meant to serve two purposes 1. to illicit admissions from you that can be used against you in trial and 2. to secure acknowledgements from you that will negate or invalidate certain defenses you may have had.  Often these types of questions appear on a questionnaire.  Whether they are filling it out, or asking you to fill it out, you are are NOT OBLIGATED to answer these questions. By doing so you are only assisting the State in building their case against you.

The only statements you should make is that you invoke your right to remain silent and want your Cary DWI Lawyer or Durham DWI Lawyer present for any questioning.

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