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The majority of people only know about arresting rights because of law enforcement television shows, the most famous being the right to remain silent. However, many people are unaware of what their rights are during the arrest and interrogation process, especially if they have never had trouble with the law before. 

It’s important to understand that you are still protected in the legal system, even if you’ve been accused of a crime. Here is what you should know about your rights, and what it means for your case if those rights are ignored. 

When encountered by a police officer, you have constitutional rights.  The most important right is to remain silent.  Speaking to police can only harm, not help you.  You cannot talk your way out of a charge, so do not try.  Standardized Field Sobriety Tests (SFST’s) or a Preliminary Breath Test (PBT) is not mandatory when pulled over for suspicion of DWI and you cannot lose your driver’s license for refusing to do them.  The only test that is mandatory is the test offered to you after you have been read the Implied Consent Advisory and have had a chance to speak with a lawyer.  Under every circumstance, if contacted by police or arrested, consult with an attorney immediately to understand our options.  When encountered by police, provide only your identification.  If asked questions you state, “My attorney has advised me not to answer any questions or to do any tests until I speak to him.”