Your Right to Silence in an OVI DUI

Invoke your Fifth Amendment Right to Silence

At the first indication that anyone is alleged to have committed an OVI DUI crime, even prior to being charged, it is imperative that the accused secure legal counsel. The early involvement of an experienced OVI DUI Expert Defense Lawyer assures that all of the accused’s constitutional rights are protected. Police officials are trained in interrogation techniques that begin prior to an individual being arrested and read their Miranda Rights.

Police training is primarily designed to elicit incriminating statements for the purpose of securing convictions. This is especially true in OVI DUI cases where a script designed to gain probable cause to arrest is taught to every law enforcement officer.

It is the opinion of OVI DUI Defense Attorney Bucher (amongst other legal authorities) that this script is not designed to give anyone the benefit of the doubt. The Constitution does not require that you prove your innocence to any law enforcement official who wants to question you. The Constitution provides you with the presumption of innocence, the right to silence (that cannot be used against you in Court), and the right to have a lawyer present for police questioning.

During the course of an OVI DUI investigation it is common for law enforcement to intimidate, to elicit statements by acting as if they identify or sympathize with the accused, to intentionally confuse, and it is very common (and legally allowed) for law enforcement to lie to the accused.

The law does require that you identify yourself to a police officer, however, beyond that, WHEN IN DOUBT, INVOKE YOUR FIFTH AMENDMENT RIGHT TO SILENCE AND INFORM LAW ENFORCEMENT YOU NEED TO SPEAK WITH AN ATTORNEY BEFORE MAKING ANY FURTHER STATEMENT.

If you doubt this information, then please watch this presentation by a respected criminal defense attorney turned law professor and a veteran police officer.

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