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What Not to Say During a DUI Stop

Updated on July 7, 2023 → Under

When you are pulled over by a police officer for suspicion of driving under the influence, it is important to remember that anything you say can be used against you in court. Even if the law enforcement officer seems friendly and easygoing, never say anything that could potentially incriminate you or provide evidence of driving while under the influence of alcohol.  

Here are some things you should never tell a police officer during a DUI stop:

  • Even if the officer asks you to do something that violates your rights (such as performing a field sobriety test or taking a roadside breath test using breath samples), it is important to remain calm and follow their instructions. Arguing with the officer can only lead to more trouble.
  • Don’t try to talk your way out of any traffic violations or having a blood alcohol content above the legal limit. The police officer has already made up his or her mind about you, and trying to talk your way out of the situation will only make it worse.
  • Never admit that you have been drinking or consumed even a couple of drinks of alcohol. Even if the officer asks and they have seen erratic driving, do not provide any information that might incriminate you. Additionally, don’t try to explain why your breath reeks of alcohol, as this could be used against you in court.
  • Do not provide any information regarding where you were coming from, or where you planned to go. The officer is not interested in your plans for the evening, and providing this information can only be used against you.
  • Finally, do not make any statements that might be interpreted as admitting guilt. Even if it seems like a harmless comment, anything you say could potentially be taken out of context and used against you.

If you need help or have questions after an arrest at a DUI stop, please reach out for assistance from Dohman Law. Call our firm at (847) 359-4005 to schedule a free consultation with a Rolling Meadows DUI lawyer.

Do Not Admit to Any Drinking

When pulled over for suspicion of DUI, it is crucial to remember that anything said to a police officer can be used against you. It is generally advised to avoid admitting to drinking during questioning, even if asked directly, especially if going through a difficult time. Answering what may seem like an innocent question gives the officer evidence to use against you in court.

a woman being stopped by the police while driving

When being asked background questions it is best to remain calm and treat the police officer with respect. Arguing or going into defense mode can escalate the situation and lead to additional charges.

A common mistake people make is providing information to a patrol officer in conversation about where you were coming from or going as it can also be used against you. Simply provide your license, proof of insurance, and registration when asked, then remain quiet until the situation is resolved.

Do Not Agree to Do Sobriety Tests

If you are pulled over for reasonable suspicion of drunk driving, it is important to remember that anything you say can be used against you in a court of law. When interacting with police officers during a DUI stop, certain things should never be said. One of those things is agreeing to do a field sobriety test.

Even if the police officer is a nice person and offers or requests that you take a sobriety test, you should always refuse. Sobriety tests are not mandatory and can be used as evidence of admission to drinking against you in court.

When pulled over for suspected driving under the influence of drugs or alcohol, it is important to remember that you are not required to answer any questions or provide any evidence without a lawyer present.

Additionally, you should not agree to any search of your person or vehicle unless instructed to do so by a court order.

Decline the Breathalyzer Tests Offered by the Officer

One of the most important things to remember when you are stopped by a police officer for suspicion of DUI is to never take a portable breath test. In some states, this can be a breathalyzer or other field breath testing devices that measure your blood alcohol concentration. Even if you are not intoxicated, blowing into the breath testing equipment can be used as evidence against you in court.

When you are pulled over for suspicion of DUI, remember to always follow the instructions given by the officer. This includes providing your license and registration when requested. Keep your hands visible on the steering wheel and do not make any quick movements or sudden gestures, as this can be interpreted as suspicious behavior.

Additionally, it is best to remain silent unless directly asked a question. Your silence does not imply guilt; rather, it prevents you from saying anything that could be used against you in court.

Should You Answer the Officer's Questions?

When stopped by a police officer during a DUI investigation, it is important to remain respectful and polite. However, it is also important to protect your rights by refusing to answer questions or make statements without legal representation.

a man being stopped by the police while driving

Although you may be tempted to answer the officer’s questions in the hopes of getting them to go away faster, this is rarely a good idea and can be used against you in court. If you choose to answer any questions, it is best to do so simply and without elaboration.

Do Not Make Any Statements After Being Arrested

When a police officer pulls you over on suspicion of drunk driving, it is imperative that you remain quiet and do not make any statements. This is because anything you say during a DUI stop can be used against you in court. In addition, any statement you make may give the officer more ammunition to arrest you for DUI or other criminal charges.

Police must follow specific legal procedures during a DUI investigation. Failure to do so can result in inadmissible evidence in court. If arrested for suspected drunk driving, it is recommended to seek legal counsel with extensive defense experience and remain silent. An experienced criminal defense attorney can assess the situation and guide the best next steps.

Contact a DUI Defense Attorney

If you have been arrested for DUI or another driving-related offense, contact the experienced criminal defense attorneys at Dohman Law Group today at (847) 359-4005 for a free consultation on your case.

Our team will offer you the necessary information and support to safeguard your legal rights and pursue the most favorable resolution for your situation.

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