If the police have reasonable suspicion that you might be driving under the influence of alcohol, they will pull you over to investigate the situation.
It is important to understand that your case starts as soon as the police stop you for an investigation. What you do or say during the stop can end up being used against you should the matter go to trial. This reality underscores the importance of understanding and exercising your 5th Amendment rights during your DUI stop.
While you should never lie to law enforcement, it is important that you avoid certain approaches during your interaction with them if an when you are pulled over due to an officer’s suspicion that you are high or have been drinking.
Admitting that you indeed took some alcohol
Upon stopping a motorist, it is not uncommon for law enforcement to ask questions like, “have you drinking?” or “how long ago did you drink?” Do not admit to the police that you have been out drinking prior to getting behind the wheel. Trying to fight back by claiming that you only took a glass of wine will not save you. Instead, this will only give them a reason to subject you to a chemical test. Additionally, they might document this admission as self-confession and present it in court during your trial. If the police ask whether you have been out drinking, you are better off declining to answer.
Telling the police what they cannot do
Sometimes, the police may overreach their authority and violate your rights. However, an overreach should not result in you becoming confrontational. Instead, document any violation and raise the matter with your legal counsel. Do not resist arrest or fight the police. Doing so can only complicate matters for you. Stay safe and seek legal guidance to address the injustice.
Being stopped for a possible DUI doesn’t mean that you are guilty of anything. Knowing what to say (or not say) can shield you from costly mistakes that can ruin any DUI case that you must present in the wake of a stop.