Twin Cities DWI and Fifth Amendment Protections

| Nov 30, 2013 | Uncategorized |

When you are arrested for DWI in St. Paul or Minneapolis, you are read your Miranda Rights. The Miranda Rights reference some of the rights that are specified in the Fifth Amendment to the U.S. Constitution. It is part of the first ten amendments that were adopted at the same time. They were adopted at the same time because they were what the authors of the Constitution felt were the most important and this resulted in them giving them the name The Bill of Rights.

The 5th Amendment says that no person should be contained to answer for a crime unless a Grand Jury presents and indictment. The Fifth Amendment also gives a person the right to not self-incriminate themselves. This means that is you are facing a criminal charge, such as DWI or an implied consent proceeding, you are guaranteed these specific rights.

The provision against self-incrimination is made clear in the Miranda Rights when the law enforcement officer tells you that you have the right to remain silent. They further back this statement up by saying that anything you say or do can be used against you in court. The officer also advises you that you have the right to an attorney. If you are unable to afford an attorney, one will be appointed to your case.

So the basic rights that are reflected in the Miranda Rights include the right to not self-incriminate and the right to have a criminal defense attorney by your side throughout all proceedings.

But where does the right to an attorney come from in the Miranda Warning?

The Sixth Amendment also contains important rights. The Sixth Amendment says that the accused has the right to a public and speedy trial by an impartial jury of the State and district where the crime was allegedly committed. The law will determine which district the case should be tried in. The defendant is to be advised of the charges against them and they may be confronted with the witnesses against him or her. At the same time, the defendant can produce their own witnesses and have “Assistance of Counsel” present.

In order for the Miranda Rights to be effective in the situation, three factors must be present: You must be in police custody, the police must be questioning you, and you must assert your Miranda Rights.

When you are arrested for alleged DWI, the police will as you if you waive your right to remain silent. They do this by asking you to talk to them. You do not have to waive this right. The police may make you feel like talking to them will result in your release. You can verbally and clearly assert your rights. If you do choose to waive your Miranda Rights, then any statement that you make to the police can be held against you in court.

Your Miranda Rights will not protect you against police questioning against your will, but it is your right to remain silent. You do not have to tell an officer that you had anything to drink because this information could be used against you.

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