Understanding the Criminal Justice System
When you’re facing a DUI arrest in Indiana, you may be tempted to instinctively to defend yourself against the accusations or express your feelings. But you can make matters much worse by speaking or acting impulsively after an arrest. Although you may be itching to set the record straight, stay calm, and follow these three do’s and don’ts immediately after a DUI arrest.
Do: Be respectful to police officers. You might feel indignant or angry at your arrest, but lashing out at police officers, whether physically or verbally, is a terrible idea. Control yourself and remain respectful at all times.
Don’t: Answer police questions. You have the Constitutional right to refuse to respond to a police interrogation. If the police ask you questions about the incident, how much you’ve had to drink, or anything other than queries related to your identification, politely tell them that you are exercising your constitutional right to remain silent. They are obligated to stop questioning you immediately.
Do: Call your lawyer or a family member. In Indiana, you have the right to a telephone call after a DUI arrest. If you have a lawyer, it’s best to call him or her as soon as the police permit you to use the telephone. If you don’t have a lawyer, call a family member or close friend who can post bail for you or call a lawyer on your behalf.
Don’t: Try to talk your way out. Many people mistakenly think that if they can explain the circumstances, the police will understand and let them go. But as the Miranda warning points out: anything you say can and will be used against you in a court of law. Do not try to explain yourself without your lawyer present. You might accidentally reveal information that is helpful to the state’s case against you.
Do: Avoid speaking to others about your arrest. Are you sensing a theme here? Good. Because you shouldn’t talk to anyone about the circumstances leading up to your arrest except for your lawyer. Even the things you say to family and friends can be used against you in court. The information you think demonstrates your innocence could actually turn out to be damaging. So, keep your lips zipped.
Don’t: Go on social media. You might be tempted to go on social media to insist on your innocence or make veiled references to your arrest or the events that preceded it. Don’t do it. It’s safe to assume that the police or the state will scour your social media accounts for incriminating evidence. Even a picture of you holding a glass of wine on the evening in question can be used against you. Avoid using social media at all after your arrest until your Indiana DUI attorney has given you the green light.
