How Should You Respond to Questions During a DUI Stop?

 Posted on August 19, 2020 in DUI

Being pulled over by a police officer can leave you at a loss for words. Before the officer reaches your vehicle, your mind is probably trying to figure out what you might have done to catch the officer’s attention. Driving under the influence (DUI) may come to mind if it is at night or you had a drink before getting behind the wheel. You have only seconds before you must talk to the officer, so what should you say?

The right answer during any traffic stop is the bare minimum. This may be difficult if you are the type of person who rambles or over-explains when you are nervous. If you are eventually charged with DUI, what you say to the officer can be used as evidence as the case proceeds.. The more you talk, the more likely it is that you will say something that draws suspicion or incriminates yourself. There are several questions that you can expect an officer to ask:

“Do You Know Why I Pulled You Over?”

Your answer to this classic question should always be “no.” Let the officer present their suspicions on their own. Trying to guess what they are thinking will suggest that you know you did something wrong.

“Have You Been Drinking?”

This is a trickier question because you should not lie to the officer. You can say “no” if you know that you have not been drinking. You should never admit that you did recently drink, even if you think the amount was not enough to make you drunk. Instead, you should politely decline the question with a statement such as “I would prefer not to say.”

“Would You Step Outside the Vehicle?”

Getting out of your vehicle during a DUI stop likely means that the officer wants to perform a field sobriety test. The officer may also ask you to perform a vision or breath test while you are still in the vehicle. These tests are often unreliable indicators of intoxication. You should decline these requests and do not need to explain why to the officer. The officer cannot order you to do anything during a stop unless they arrest you or have a warrant.

Contact a Sonoma DUI Defense Lawyer

If you are arrested during a DUI stop, you should immediately stop answering questions until you have the chance to meet with your lawyer. A San Francisco DUI defense attorney at Burglin Law Offices, P.C., knows the best way to respond to questions when you have been arrested. Schedule a free consultation by calling 415-729-7300.

Source:

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=23152