If the police suspect that you could be drunk driving, they will pull you over for an investigation. Even if you are sober, this can be a very frightening experience.
However, it is important to understand that your case (and defense) starts the moment you are pulled over by the police. What you do and say during your interaction with law enforcement can and will impact the outcome of your case. And this explains why you need to understand and exercise your 5th Amendment rights during the stop.
If you are stopped for a DUI investigation, it is important to understand that you have rights. Here are three things you should avoid saying during the stop:
“Officer, I only had one glass of wine and that was 2 hours ago”
Clearly, this amounts to an admission of guilt. Even if you are being honest, you need to understand the police were not there with you and, as such, have no way of verifying your claim. Instead, they will have a valid reason to demand that you take a chemical test. Plus, they will document this admission and use it in court should the matter proceed to trial.
“I know my rights, you are violating me”
Even if you believe the police are doing something wrong while investigating you for drunk driving, do not confront them. Rather, keep your cool, document the alleged abuse and raise the matter with your legal counsel. Do not fight the police.
“I’m sober enough to drive, officer”
This is pretty much the same as admitting that you have been out drinking. It is not your job to determine whether you are breaking the law or not. Even if you have been out drinking, you do not want to share this with the police under any circumstance. Doing so will only give them a reason to dig deeper.
Protecting your rights
If you are stopped for drunk driving, you need to understand your rights. This will help you determine how to best safeguard your rights and defend yourself.