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Bucher Law Group, LLC
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Waukesha County OWI defense lawyerMany adults like to enjoy an alcoholic beverage or two when they spend time with friends or go out to eat. However, those beverages could get you into trouble if you are not careful. In all 50 states, it is illegal to drive under the influence of drugs or alcohol. In Wisconsin, OWI penalties can be expensive, especially if you have to pay other costs, like for an ignition interlock device (IID). During a traffic stop, police officers will constantly be looking for evidence or anything that can prove that you were, in fact, driving while you were intoxicated. If you are pulled over for OWI, you should know that you have rights.

Rights During an OWI Traffic Stop

While you may feel helpless when you are pulled over by police, it is important to realize that you do have rights that you can exercise that may protect you if you are charged. Some of the most important rights include:

  • Right to Remain Silent: Even during a traffic stop, you have the right to remain silent. The only information that you are required to give to the police is your identification. You do not have to answer questions about what you have been doing and where you are heading. If you wish to invoke this right, you should inform the officer.

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Milwaukee County criminal defense attorney

Our founding fathers established certain requirements when it came to creating a new country and a new government. Many of those provisions dealt with the individual and collective freedoms of citizens of the United States. These rights were given to people through the U.S. Constitution and its amendments. Some of the most important rights to those accused of criminal offenses in this country are referred to as “Miranda rights” after the conclusion of the 1966 Supreme Court case, Arizona v. Miranda. This landmark case established the requirement that suspects must be informed of their rights, a protocol used by all police forces around the country.

What Are Miranda Rights?

Your Miranda rights are those rights that are guaranteed to you in the Fifth and Sixth Amendments to the U.S. Constitution. These include the right to remain silent, the right to an attorney, and the right against self-incrimination. The case Arizona v. Miranda established that all police officers are required to inform you of these rights. All police departments have a different variation of the text used, but it typically sounds something like this:

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