DUI 101: Should I talk to the officer?

7At the point that you have been asked a question about drinking, drugs, or medication, you should ask to speak with your lawyer. Never waive your right to remain silent. You must verbally refuse to speak without talking to your lawyer. Once you invoke your right, remain silent and say nothing or repeat your demand for your lawyer. You are not required to assist the investigation or to make any statement. Any statement you make may be introduced against you in a court of law. This includes admission of prior alcohol, drug, or medication consumption. Additionally, how you speak may be used against you. If you slur your words, it may be used against you in a court of law. Remaining silent keeps you from having to defend against those statements later. You have a constitutional right to counsel and the officer must stop questioning you. Even if the officer keeps questioning you, asking to speak with a lawyer before answering any questions preserves your right. Your silence cannot be used against you in a court of law.

Why is a DUI Defense Attorney Essential?

DUI laws are complicated and difficult to navigate on your own. A DUI good defense attorney will know how to navigate the laws, court systems, and administrative proceedings. DUI defense requires knowledge of the Kansas Rules of Evidence and Criminal Procedure. There are a number of ways I can defend a client.

  • The stop, search, and seizure must be constructional or it will be contested;
  • The evidence must be legally obtained or a motion to suppress will be filed;
  • Any officer conditioning any test must be trained, experienced, and correctly administer the test or the results will be challenged;
  • All witness will be tested for credibility and reliability;
  • The evidence must be correctly preserved or it will be objected to; and
  • Any plea offer must be fair and reasonable or I will advise against it.

Our attorneys diligently review all details of each case, collect all evidence, and develop the best possible defense that may lead to a dismissal, a reduced charge, not guilty verdict, or a diversion. A DUI is a life-changing event and hiring the right attorney can make all the difference in the outcome of your case. If you need representation in a DUI case, please call Cameron & Herrman, P.A. at (316) 265-0650.

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