Do I legally have to answer questions asked by the arresting police officer?
If you have been stopped on suspicion of a DUI, you may understandably be feeling stressed and rattled. It is easy in a state of heightened awareness to say things that you later regret or perhaps to shut down entirely. Unfortunately, for some people stopped on suspicion of a DUI, their verbal blunders may land them in the back of a police car being arrested for a DUI. Below, our Atlanta 24 hour DUI attorneys discuss what you should and should not say if you have been stopped or arrested on suspicion of a DUI.
Questions You May Be Asked
During a DUI stop, the police officer will attempt to solicit information from you that might offer evidence of your intoxication. There are several common questions that investigating police officers ask time and time again because they know they are likely to obtain the desired information. Common questions you might be asked include:
- Where are you coming from?
- Have you been drinking?
- Did you have a beer?
- Have you taken any drugs?
What To Say
When confronted with these questions, your best bet is to politely decline to answer the questions. You could kindly state that you prefer not to answer any questions until you have spoken to an attorney. Remember that you are legally only required to answer basic questions about your identity. You must legally disclose your name and turn over your driver’s license as well as your registration.
Should you be arrested for a DUI, the arresting officer must read you your Miranda Rights. At this time, you should clearly invoke your right to remain silent. Do not just remain silent; rather, state that you are deciding to invoke your right to remain silent.
What Not To Say
There are some statements you would be wise to never make to the police officer who has stopped you. These include:
- I’ve only had a few drinks
- I’m less drunk than my passengers
- I have been drinking, but I was only driving a few miles to get home
- I didn’t know it was illegal to drive drunk
- I drank coffee so now I’m sober
All of these statements will lead to further investigation by the officer who stopped you and could ultimately lead to your arrest. Anyone who has been stopped on suspicion of a DUI should contact our 24 hour DUI attorneys for assistance.