Your DWI Arrest: Cooperation and Silence
First and foremost, if you are arrested, or have been arrested, for a New Hampshire DWI, then you must contact a skilled and experienced DWI attorney who specializes in defending these types of cases. Your New Hampshire DWI lawyer will review the procedures police officers followed in detaining you, administering tests, and arresting you to gauge if your legal rights were violated. If so, then any evidence gathered against you may be inadmissible in a court of law.
Although the process of being arrested is frightening and disoriented, there are a few critical reminders that you must bear in mind:
§ Do not speak. Remain silent. If you are arrested, during your ride to the local police station, do not conduct any sort of conversation with the police officers. Although law enforcement officers will attempt to appear sympathetic and friendly towards your plight, their actions are conducted with the sole intent of gathering evidence against you for use in criminal proceedings. It isn’t personal. It’s their job. It is better to remain silent than to make any statements that could be used as incriminating evidence.
§ Remain polite and cooperative. The experience of being arrested is a humiliating one. At the police station, you are required to surrender your personal belongings, and you will most likely be placed in a “drunk tank” with other individuals. Your mug shot will be taken, and you will be fingerprinted. Essentially, you have no control over this process, and this can be quite difficult for some individuals to handle. During this time, it is imperative that you remain polite and cooperative through each step of the process. Even as you are doing so, continue to remain silent about the conditions surrounding your arrest and the activities that took place prior to your arrest.
Bear in mind that, even when you are not speaking directly with a law enforcement officer, any discussions with your cellmate, spouse, or anyone else that are overheard can be admitted into evidence and used against you in a court of law. However, after your Miranda rights have been read to you, your silence cannot be used against you legally.
Most likely, you will only be kept in jail for a few hours until bond can be made, but you must remember to keep your wits about you. Your actions and behavior during the arrest and booking process will carry some weight during your trial. You are presumed innocent until proven guilty in a New Hampshire court of law. As quickly as you are able, contact one of our New Hampshire DWI lawyers. After conducting a thorough assessment of your case, we will work diligently to secure the best possible outcome and to ensure that your legal rights are protected.