"I SHOULD HAVE KEPT MY MOUTH SHUT'

Many people arrested for DUI reach this conclusion after reviewing the evidence the state intends to use against them. They mistakenly believe that an explanation of their activities on the night of their arrest, including what, when and where they had been drinking, will convince the police to let them go or call a cab. Instead, the arresting officer will make note the comments which will be later used in the State's prosecution.

The appellate courts in Florida have ruled that many such comments made at the roadside are not protected by our Constitutional right to remain silent. One exception to this general rule is when an accident occurs. Because motorists are compelled by statute to give information to an accident investigator, our Fifth Amendment privilege against self-incrimination requires that police receive a "knowing, voluntary, and intelligent waiver" prior to interrogation regarding a possible DUI.

The most common advice from attorneys to prospective clients is, therefore, to make no statements regarding any matter nor answer any questions to any law enforcement officers -until you have spoken to your attorney. Request contact with your attorney immediately and remain silent until you have spoken to him or her.