Even if you have broken no law, a police stop can still be a frightening experience. However, if the police have reasonable grounds to believe that you could be drunk behind the wheel, they will stop you for a DUI investigation.
As soon as you are stopped, your defense starts. What you do or say during the stop can be used against you should the matter end in court. This explains why you need to know and exercise your 5th Amendment rights during a police stop.
During the DUI stop, the police will ask you to identify yourself and produce your driver’s license. These are standard questions and it is important that you comply with the officer’s demands. However, limit your responses and never do the following:
1. Admit in any way that you have been out drinking prior to driving
Whether it is true or not, never admit to the police that you are drunk. They might trick you with questions like, “Have you been out drinking?” Or, “How many beers did you have?”
You cannot lie to a police officer, but you have the absolute right against self-incrimination. That means you can try to steer the conversation away from the subject by asking, “What’s this about, officer?” or by politely declining to answer any questions other than your basic information.
2. Telling the police what they can or cannot do
Even if you feel the police officer is violating your rights, do not become confrontational. This will cause more harm than good. Instead, document what you believe are violations of your civil rights and bring the matter up with your legal counsel.
Most people make their DUI stop more complicated than it should be by saying things they should keep mum about to the police.
