Being placed under arrest and taken into custody can be a very harrowing experience, especially for someone who has never been through the process before. Perhaps the most important thing to remember if you find yourself under arrest—other than remembering to contact your lawyer—is that your every word and action is being monitored, and may be used to prove either your innocence or your guilt.
Although law enforcement officers may attempt to engage you in “small talk” or friendly conversation, you need to remember that anything you say can be used against you. Even though you may think you are just casually conversing with the officer, that officer is monitoring everything you say—as well as how you say it. If your speech sounds slurred, the officer will record that in an attempt to prove that you were, in fact, intoxicated.
Once you have been read your Miranda rights, you need to make known that you will not give any statements until your lawyer arrives or until you have an opportunity to hire an attorney. Often, officers will suggest that your cooperation and your willingness to be forthcoming and honest will result in your charge being reduced or dismissed later. This is often not the case. In fact, usually this additional “forthcoming” information will be used against you in order to obtain a conviction. You many choose to be polite, however, politeness does not require that you make additional statements or provide details about your day or evening. Our forefathers provided us with certain rights that you may exercise anytime you are in contact with law enforcement – the right to remain silent.
Once you make it to the detention center, you will be asked questions that you are required to answer, such as your name, date of birth and address. Again, you are not required to answer any questions pertaining to your activities prior to the arrest or your level of intoxication. If officers continue to ask you questions even after you have stated that you wish to make no statement, just repeat your intention to remain silent until your attorney is present.
While at the detention center, try to remain calm. Although it is easy to get emotional and upset, acting out or displaying any type of outburst will only be recorded and used against you. The more you are able to remain calm, the better your case will be.
Try to remember as many names as you can; note security camera positions. All of these details can help your attorney build a solid defense case.
If you have been arrested for DUI in Tennessee, call the Garza Law Firm and ask to schedule a free consultation. Marcos Garza is a seasoned DUI attorney who deals exclusively in Tennessee DUI defense.
To schedule your free, no-risk consultation, call (888) 680-7554 today.