Queens County Bar Association
Martindale Hubbell - Distinguished 2023

Is It Ever Possible to Talk Your Way Out of a DWI Charge?

Interviewer: Do you find that people try to talk their way out of a DWI arrest thinking that they can reason with the police and they can explain away what happened?

The More You Say To the Police, The More Evidence You Provide To Them

Martin Kane: All that the person does when he’s speaking to the police is giving them more opportunity to hear his voice. The speech pattern, as is usually the case, shows the effects of the alcohol. The more you speak, the worse it can turn out. Nobody, to my mind or to my knowledge, has ever talked themselves out of a DWI arrest.

Miranda Rights And A DWI Arrest

Interviewer: What about questions regarding Miranda? Do you have people who tell you, “They didn’t read me the Miranda rights? Can you get my case thrown out?”

Miranda Rights Apply To Statements Made When The Individual Is In Custody

Martin Kane: Usually statements in DWI cases are made prior to the arrest. In the investigation stage, then, they don’t have to be warned. Almost as a matter of course, when somebody is taken into custody, the Miranda rights are read from a card to the defendant. It’s not an issue that arises in a lot of DWI cases.

For more information, contact The Law Office of Martin D. Kane by calling (718) 793-5700.

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