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Understanding Your Right to Remain Silent in Iowa

Robert Stahle • June 14, 2021
5th ammendment attorney sioux city iowa

You more than likely have heard a police officer utter, “you have the right to remain silent” in countless television shows and movies, but do you know what exactly it means in a legal context? Believe it or not, the arrest scenes in Hollywood movies largely stay true to the actual legal process and procedures. In the famous case of Miranda v. Arizona , the judge ruled that law enforcement officers advise arrested suspects of certain rights, including the option of remaining silent and saying nothing.

Here at Fitch & Stahle Law Office, our auto accident lawyer is here to stand by your side and protect your constitutional rights when you are arrested. Many police officers fail to uphold the law when making an arrest, and failure to inform suspects of their so-called Miranda rights is a common defense in court. Here is what you need to know about your right to remain silent, presented by our drunk driving lawyer.

When Must the Police Inform You of Your Rights?

Police are legally obligated to inform suspects of their rights before they interrogate them in custody. Interrogation doesn’t only include questioning but also any words or actions that police officers should know are reasonably linked to elicit an incriminating response. The main point of the Miranda warning is that the prosecution cannot use a suspect’s silence as evidence of guilt in court.

However, police officers are not technically required to inform suspects of their right to remain silent when they are not technically in custody. Thus, it is relatively common for police to question suspects after letting them know they are not under arrest and are free to leave. By using this method, police officers do not have to provide the Miranda warning.

2013 Supreme Court Decision

In 2013, there was a closely contested U.S. Supreme Court decision that held that prosecutors can, under some circumstances, point to an out-of-custody suspect’s silence in response to police questioning as evidence of guilt. According to this case, our drug lawyer will tell you that the prosecution can common on the silence of a suspect who:


  • Is out of police custody (and not Mirandized)
  • Voluntarily submits to police questioning
  • Stays silent without expressly invoking his Fifth Amendment rights

How to Invoke the Right to Remain Silent

The 2013 Supreme Court decision raises new questions, such as whether it is reasonable to place the brunt of asserting constitutional rights on normal people. More practically, people are now asking what exactly an out-of-custody person must say to a police officer to effectively invoke their right to silence. Previous court decisions have indicated that people should be clear that they are invoking their Fifth Amendment privilege against self-incrimination.

Sioux City Auto Accident Lawyer

Whether you have been arrested for drunk driving, drugs, or an automobile accident, our Sioux City attorneys are here to protect your rights. We are dedicated to providing residents of the Siouxland area with professional legal advice for a range of needs, and our attorneys are licensed to practice in both Iowa and Nebraska.

Contact us at 402-494-3012.

By Robert Stahle July 28, 2025
Including Dram Shop Liability
By Robert Stahle July 16, 2025
How a Sioux City Personal Injury Attorney Can Help You Seek Justice Each year, drunk driving crashes leave thousands injured or killed—causing devastating emotional, physical, and financial consequences. Despite strict DUI laws and public awareness campaigns, impaired drivers continue to pose a serious threat across Iowa, Nebraska, and the country. For victims, the aftermath of a drunk driving accident is more than just painful—it can be life-altering. At Fitch & Stahle Law Firm , we fight to hold negligent drivers (and sometimes even the businesses that served them) accountable under the law. If you’ve been hurt in a crash involving a drunk driver, we’ll explain your legal options, including how Nebraska’s Dram Shop law may play a role in your case. Why File a Drunk Driving Lawsuit? Driving under the influence of alcohol or drugs is not just illegal—it’s a reckless act that endangers everyone on the road. When a driver chooses to get behind the wheel impaired, they can (and should) be held civilly liable for the damage they cause. While a criminal DUI case focuses on punishing the offender, a civil personal injury lawsuit is about helping you rebuild. It allows you to pursue compensation for: Medical expenses (past and future) Lost wages and diminished earning capacity Pain and suffering Emotional trauma Property damage Rehabilitation costs Punitive damages (in cases of extreme recklessness) Nebraska’s Dram Shop Law: Holding Alcohol Providers Accountable Under Nebraska’s Dram Shop Law , victims of drunk driving accidents may also be able to file a lawsuit against the business or establishment that overserved the intoxicated driver. Here’s how it works: A licensed alcohol vendor (such as a bar, restaurant, or event venue) can be held liable if they served alcohol to a visibly intoxicated person or a minor , and that person later caused injury or death. Nebraska law limits these claims to commercial sellers of alcohol—not social hosts. A dram shop claim can help recover damages if the drunk driver lacks adequate insurance or personal assets. This area of law is complex, and not all attorneys are familiar with how to navigate the strict requirements and timelines involved in dram shop litigation. That’s why working with a firm like Fitch & Stahle , which handles cases in both Nebraska and Iowa , is crucial. What Needs to Be Proven in a Drunk Driving Case? To recover damages in a drunk driving lawsuit, your legal team must prove the following: Duty of care – The driver had a legal responsibility to drive safely. Breach of duty – That responsibility was violated by driving impaired. Causation – The impairment directly led to the accident and your injuries. Damages – You experienced real harm—such as medical costs, lost income, or emotional distress. In dram shop cases, your lawyer will also need to demonstrate that the bar or establishment served a visibly intoxicated individual who went on to cause the crash. Why You Need a DUI Injury Lawyer in Nebraska or Iowa Drunk driving cases are rarely straightforward—especially when multiple parties may share liability. Insurance companies will often try to minimize payouts, shift blame, or dispute your injuries altogether. At Fitch & Stahle Law Firm , we will: Preserve key evidence such as police reports, BAC results, surveillance video, and eyewitness accounts Analyze potential dram shop liability Work with medical and accident reconstruction experts to build your case Identify all available sources of compensation Aggressively negotiate with insurance companies—or take your case to trial if needed Our team has deep experience with Nebraska’s unique dram shop provisions and Iowa’s liability standards. We understand what it takes to hold all negligent parties accountable. What Damages Can You Recover? Depending on the specifics of your case, compensation may include: Economic damages : Medical bills, lost income, future treatment costs, property loss Non-economic damages : Pain, suffering, mental anguish, loss of companionship Punitive damages : Intended to punish especially reckless conduct—like drunk driving In cases where dram shop liability applies, these claims can be especially valuable when the at-fault driver is underinsured or has no assets. Time Is Critical – Act Now In Nebraska, the statute of limitations for personal injury and dram shop lawsuits is typically four years , but specific timelines may apply depending on the facts of your case. Evidence like surveillance footage and eyewitness memories can fade fast—so it’s essential to speak with an attorney right away. Get Help from a Sioux City Personal Injury Attorney Who Understands Nebraska Dram Shop Law If you or a loved one has been injured by a drunk driver—especially one who may have been overserved at a Nebraska bar or restaurant—you have the right to seek full and fair compensation. At Fitch & Stahle Law Firm , we’ve helped countless clients across Sioux City , Iowa , and Nebraska recover after devastating crashes. We’ll handle the legal details so you can focus on healing. Call us today for a free consultation — and let’s start fighting for the justice you deserve.