Should You Exercise Your Right to Remain Silent During an OWI Investigation?

If you are arrested on a criminal OWI charge or on any other serious criminal charge, you should assert your right to remain silent. If you do that, the police officer or investigator must cease their questioning. Otherwise, anything you say in response to the questioning may be subject to suppression. If you are currently pending a criminal OWI charge, the experienced attorneys at Cohen Law Offices are ready to help.

To learn more about how we can assist with defending you against your pending charge, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

What Is an OWI?

OWI stands for operating while intoxicated. If an individual has a blood alcohol concentration (BAC) of at least 0.08 percent for an OWI 1-3, they are per se intoxicated. For an OWI 4 or higher, the limit is .02.

For a person to be convicted of an OWI conviction, the prosecutor must establish their guilt beyond a reasonable doubt. If the prosecutor fails to establish even one legal element of the charge, the case might get dismissed. However, if the prosecutor obtains a conviction, potential penalties may include high fines and even jail time under certain circumstances, especially if the accused individual is a repeat OWI offender.

Your Fifth Amendment Rights

Pursuant to the Fifth Amendment to the United States Constitution, arrestees have a right to remain silent during police questioning. Moreover, they have a right to the presence of legal counsel during questioning, and if they request an attorney, the police officer or investigator must stop questioning them immediately. If the officer continues to question the accused, any responses can be suppressed and may not be used against the accused at trial. The right to an attorney does not attach until you are in custody or arrested.

You do not have the right to an attorney when you are asked if you will provide a chemical sample of your blood, breath or urine. In many instances, officers ask individuals questions like how much they had to drink, whether they had been drinking prior to driving, or how long ago they had their last drink. You should not answer any of the officer’s questions until an attorney is physically present with you, either in person or on the phone.

Call an Experienced Criminal Defense Attorney About Your Pending Criminal Charge Today

If you are currently pending an OWI charge, you need an experienced legal team representing you at every stage of your case. Our legal team has the skills and experience to advocate aggressively on your behalf when dealing with prosecutors and during a bench or jury trial. Our legal team can work to develop a strong legal defense to your OWI charge, especially if the arresting police officer continued to question you after you asserted your right to the presence of counsel. We can then help you obtain a complete dismissal of your OWI charge — or, if that is not possible, a favorable plea deal from the state prosecutor who is handling your case.

For a free case evaluation and consultation with a knowledgeable criminal defense attorney, please call Cohen Law Offices today at (715) 514-5051 or contact us online.