Right To Remain Silent

Do you have to talk to the police wen pulled over for DUI in Cincinnati, Ohio?  Do you have to talk to the Judge at sentencing for DUI or an amended non-DUI charge?

NO!  When pulled over for DUI in Cincinnati, Ohio, you have the right to remain silent.  It is best to remain silent when being questioned about a DUI.

Often times I see weak cases by the police that I can beat at trial when I review evidence.  Then I have the heart sinking feeling that comes to any DUI lawyer when I see that the client waived their Miranda rights to remain silent and answered questions from the police at the station in custody that admit all the elements of the offense of DUI.

This is called a confession.  It will ruin your chances of defending the case if it gets to trial.

This right to remain silent is expressly granted in the Fifth Amendment to the U.S. Constitution as follows:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

This right also applies when pulled over at the scene of a DUI traffic stop.  You do not have to tell the officer when you are coming from, where you are going, what you had to drink, how many drinks you had, and you do not have to perform field sobriety tests!

Note: you do have to stop the car when they turn on the lights and siren, and you have to give them enough identifying information to find our who you are if you do not have a plastic license on you.  You also have to comply with lawful orders like, “exit the car.”  That’s it.  If your car is already stopped, and you are out of the car when the police arrive, you do not have to admit driving.

This right also applies at a plea.  This is a little known fact among my colleagues and the judges I practice with.

Lots of rights waived when entering a plea, but the Right to Remain Silent remains intact at sentencing.  This means that when a judge asks if you have a prior offense that will enhance the penalty, you do not have to talk.  Also, if the judge asks if you have anything to say, you can remain silent.

I tell all my client’s this before we dispose of cases that result in a sentence.  I have seen too many lawyers let their clients talk and result was an angry judge and a stiffer sentence than anyone anticipated.

And remember, if you or a family member has been arrested for DUI in the Cincinnati Area – including: Hamilton, Butler, Warren, and Clermont counties – call me, ROBERT HEALEY, or one of the other DUI / OVI attorneys at 513.333.0014.  We are available 24-hours a day, 7 days a week.  Because now is the best time to put a team that includes an AWARD WINNING DUI LAWYER, FORMER POLICE OFFICER, and a FORMER PROSECUTOR to work… for you!

Meet the Author

Robhealey

0 comments… add one

Leave a Comment