What to Say (and Not Say) to the Police During a DUI Stop
Being pulled over for suspected DUI is a nerve-wracking experience. The words you choose during the stop can significantly impact the outcome of your case. While it’s important to remain respectful and cooperative, saying too much—or saying the wrong thing—can strengthen the case against you. Today, we’ll break down what you should and shouldn’t say to the police, helping you protect your rights while avoiding costly mistakes.
What to Say: The Basics
While drivers might believe that saying nothing to an officer during a DUI stop is the wisest choice, that isn’t the case. There are a few key pieces of information that you are legally required to provide during a DUI stop:
- Your Name and Identification – When an officer asks for your driver’s license, registration, and proof of insurance, you must comply. Refusing to do so can lead to further legal trouble.
- Basic Identifying Information – If asked to confirm your address or date of birth, you should provide it. These are routine questions that won’t incriminate you.
- Respectful Responses – While you don’t have to answer all questions (and it might be wise to avoid answering questions unrelated to your name and identification), remaining polite and composed can work in your favor.
What You Should Not Say
While you may feel pressured to explain yourself, many common responses can actually hurt your case. Avoiding self-incrimination is part of the reason that “the right to remain silent” is crucial in situations like these. Here are some examples of what not to say:
- “I Only Had a Couple of Drinks.”
- Many drivers believe this statement will make them appear more responsible, but any admission to drinking can be used as evidence against you.
- “I Don’t Feel Drunk.”
- Impairment is not always about how you feel. This statement can be used to argue that you were knowingly taking a risk by driving.
- “I Can’t Afford a DUI.”
- Expressing concern over the consequences can be used as an indication that you were aware you shouldn’t have been driving.
- “I’ll Just Take the Breathalyzer and Be on My Way.”
- Breathalyzers are not always accurate, and taking one without consulting an attorney may not always be in your best interest. While many states have implied consent laws requiring chemical testing, you may have options, depending on your location.
The Best Response: Politely Declining to Answer
Instead of offering up unnecessary information, it’s often best to invoke your rights. A safe response might be:
“Officer, I respectfully decline to answer any questions without legal counsel.”
This is a legally protected right, and exercising it does not imply guilt. However, always remain calm and non-confrontational when asserting your rights.
What About Field Sobriety Tests?
In many states, you have the right to refuse field sobriety tests (such as the walk-and-turn or one-leg stand). These tests are subjective and can be failed due to nerves, medical conditions, or even poor road conditions. However, refusing them can sometimes lead to immediate arrest, so knowing your state’s laws is crucial.
How an Attorney Can Help After a DUI Stop
If you’ve been stopped for DUI and are facing charges, hiring a skilled DUI attorney can make all the difference. Attorneys understand how to challenge field sobriety test results, question breathalyzer accuracy, and build a strong defense. The sooner you get legal representation, the better your chances of minimizing penalties or even having charges dismissed.
At 1800DUILaws.com, we connect individuals with experienced DUI attorneys who can fight for their rights. Our service is free, confidential, and designed to match you with a lawyer who understands your state’s specific DUI laws. If you or someone you know has been charged with DUI, don’t wait—get the legal help you need today.
