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How to Assert Your Miranda Rights in a Virginia DUI

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It is easy to assert your Miranda Rights after a Virginia DUI arrest. If you wish to exercise that right, say so out loud. This will prevent you from making any incriminating statements, as anything that you say or do can be used against you in a court of law.

If you choose to remain silent, you can simply tell the arresting officer that you have nothing more to say. Say "I assert my right to remain silent. I want a lawyer." This will prevent the officer from any further interrogation. This is because under U.S. law, an officer cannot question you once you've claimed your Miranda Rights. If, however, an officer does question you after you've asserted these rights, then any statement that you make will be inadmissible in court. This evidence will be suppressed by a judge at your Virginia DUI trial.

If you should choose to consult with an attorney, then the attorney should advise you in a similar fashion. When you have been arrested for a Virginia DUI, it is always best to say as little as you can. The police can use your words to build a stronger case against you, but you are under no obligation to tell them what they want to know. Save your statements for your attorney, who will then have a much better chance of beating your Virginia DUI charge.

If you have recently been charged with a Virginia DUI, visit our article library to learn how your Miranda Rights might affect your case.

Virginia DUI Lawyer Bob Battle has the experience and ability to help his clients mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.
Bob Battle
100% of my practice is devoted to serious traffic defense and criminal litigation in state and federal courts
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