You can invoke the right to remain silent by telling officers that you do not wish to answer any questions, or that you wish to say nothing until your attorney is present. If an officer continues to ask questions, it is a violation of your Fifth Amendment rights and any statements elicited from you are inadmissible in court.
Your decision to remain silent is not relevant to guilt and may not be considered by a jury in a court of law.
A Miranda warning is a warning that the police will give you advising you of your constitutional right to remain silent and to have an attorney present before answering any questions or making any statements. Miranda warnings are given as a prophylactic measure to protect a criminal suspect's Fifth Amendment right to avoid self-incrimination.
You can waive the right to remain silent and choose to speak to police officers. Silence does not constitute a waiver. Rather, you must indicate explicitly that all Miranda rights have been waived. Remember, if the waiver has been given, all statements made by you after the waiver may be used in evidence against you.
Our DUI and Criminal Defense attorneys are based in Augusta, GA (Georgia). If you have been charged with DUI in Augusta, GA (Georgia) or anywhere throughout the CSRA, including Columbia County, Richmond County, Lincoln County, McDuffie, Jefferson and Burke Counties, Evans, Appling, Waynesboro, Louisville, Thomson, Lincolnton, Girard Georgia & Aiken, South Carolina & North Augusta SC, contact us.
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