Miranda Rights and DWI in New Jersey
During a DWI investigation, as with all other types of investigations, you have the right to remain silent from the very moment you are stopped by the police. Answering a police officer’s questions can never help you.
Why You Should Remain Silent
You are never going to talk yourself out of an arrest; in fact, you may talk yourself into an arrest, so it’s better to remain silent. If you have already been arrested, answering the officer’s questions will only be assisting the prosecution by giving evidence that will be used against you.
One Question You Must Answer
Under New Jersey case law, the only time you must respond to an officer’s questions is when you are asked to take a breath test. You are required to answer “yes” or “no.” If you remain silent, the officer will advise you that, remaining silent is unacceptable, and if you still do not answer you will be charged with a refusal.