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DUI FAQ: What do I say if I am pulled over and the officer asks if I’ve been drinking?

By September 29, 2016 April 15th, 2019 No Comments

First things first. It is important to always make sure that your registration and insurance card are conveniently located in your automobile and easy to access and that you know where they are. Your driver’s license should be kept at all times in your wallet or your purse. If your documentation is organized, there will be less fumbling around in the event you are pulled over. The goal is to appear organized and clear-headed and not confused.

So it’s Saturday night and you’ve had a couple of drinks with friends at your favorite watering hole. You glance in your rear view mirror and see flashing red and blue lights. You safely pull your car over and now you can see the officer approaching your vehicle through your side view mirror.

The officer asks for your license and registration and asks you if you know why they pulled you over. Then, by the light of a police flashlight, the officer asks you, “Have you been drinking tonight?”

If you indeed have been drinking, there is a very strong likelihood that the officer can smell the alcohol on your breath, so consider your answer carefully. Also, consider whether or not the police officer asks you IF you’ve been drinking or if they ask you HOW MUCH you’ve had to drink.

If you HAVE been drinking, it’s never a good idea to lie to the law. In the unfortunate event of a DUI arrest and a subsequent trial, you don’t want to have to later admit to a jury that you lied to a police officer as that will destroy your credibility. Your first instinct may be to answer truthfully that you have been drinking, however, you should avoid volunteering any information to the officer, who is in the midst of a criminal investigation and will try to extract as much information from you as possible. Be polite, be clear, be responsible, be respectful and be organized but know that you are not required to tell the officer where you have been, whom you have been with, or how much alcohol you have consumed, or where you are going. You are not required to answer any questions that could incriminate you and when confronted with the question, “How much have you had to drink?” — we suggest the following responses:

1. “I would like to speak to an attorney before I answer any questions.”

2. NO RESPONSE. SAY NOTHING.

If you have been arrested for a DUI, it is important to have a skilled attorney on your side. Whether you’ve had multiple DUIs or this is your first offense, hiring an attorney can sometimes mean the difference between having the court impose its maximum penalty on you or having your charges dropped or reduced. Contact the Misdemeanor Clinic today, because we know that Good People Can Have Bad Days!

www.misdemeanorclinic.com

If you have been arrested for a DUI, it is important to have a skilled attorney on your side. Whether you’ve had multiple DUIs or this is your first offense, hiring an attorney can sometimes mean the difference between having the court impose its maximum penalty on you or having your charges dropped or reduced. Contact the Misdemeanor Clinic today, because we know that Good People Can Have Bad Days!

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