The number one rule when dealing with the police is DON’T TALK TO THE POLICE! See, it’s a really simple rule that is easy to remember. From the time we were children, we were conditioned to listen to, respect, and respond to law enforcement officers. When a law enforcement officer wants to speak with you as a suspect in a crime, they do not have your best interest in mind. They’re not trying to clear your name. They’re not trying to help you. The entire purpose of the contact is to build an airtight case against you.
The only people that have your best interest in mind, outside of you and your family is your lawyer. NEVER waive Miranda. ALWAYS remain silent. You have a right against making self-incriminating statements.
When the police officer asks you if you’re willing to waive your Miranda Rights, the worst thing you can do is agree to the waiver. Most people think they’re gonna help their case by being cooperative and speaking with the police, nothing can be further from the truth. The only thing you have to do is peacefully submit to an arrest and that it is. You are NOT required to answer questions.
If you’re being investigated for an OUI/DUI/DWI, peacefully submit to the arrest. Do not resist. Do not perform any field sobriety tests. Do not answer any questions. Just hand the officer your license, let him make an arrest based upon little to no inculpatory information and submit to the breath test. Let your lawyer figure out how to get you off. After all, that’s his job.
Clients who decide to speak can only hurt their cases. I cannot tell you how many times defendants shot themselves numerous times in the foot and tanked their cases by speaking with the police. If you keep this one thing in mind, about not speaking to the police and exercising your Miranda Rights, your case will inevitably come out better in the end. If you have any questions about your Miranda Rights and your right to remain silent, the time to ask those questions is when you’re meeting with your lawyer. NEVER talk to the police.
