The Bill of Rights contains numerous important protections for people against possible overreach by the government, especially in prosecutions for alleged offenses. The Fifth Amendment protects a very important right: the privilege against self-incrimination. This means that a court cannot compel a person to testify against themselves in a criminal trial. A person invoking this privilege is often said to be “taking the Fifth.” The laws that deal with driving while intoxicated (DWI) in New Jersey and many other states, however, seem to conflict with this privilege in some ways, such as by requiring drivers to submit to breath testing. It is worth looking more closely at these laws, and how the U.S. Supreme Court and New Jersey courts have interpreted them in light of the Bill of Rights.
The state can present statements made by a defendant as evidence of guilt at trial, with some important restrictions. One of the most famous decisions by the U.S. Supreme Court, Miranda v. Arizona in 1966, established that law enforcement officers must advise a suspect of certain constitutional rights before conducting a “custodial interrogation.” The warning that has resulted from this ruling, known as the “Miranda warning,” includes the Fifth Amendment privilege against self-incrimination and the Sixth Amendment right to an attorney.
Officers must read the Miranda warning to a suspect at about the same time they place the suspect under formal arrest, and before they begin asking direct questions about the alleged offense. These are the two elements of a “custodial interrogation,” and they must be present for Miranda to apply. Statements made by a suspect during a custodial interrogation are inadmissible in court if the suspect has not been “Mirandized.”