What to Say and NOT SAY: Is it DUI or Lie?
What to Say if a Police Officer Asks if You've Been Drinking
Most seasoned DUI attorneys will advise you to never admit to a police officer, upon being pulled over, that you've had anything to drink at all. The general consensus in the San Diego DUI defense community is "Let them prove it. An admission to drinking just gives the police what they need for a conviction and makes their job easier." Keep in mind that statements you make prior to being taken into custody and being read your "Miranda Rights" are admissible in court. It is only when you are placed under arrest that statements made in the absence of your Miranda Rights reading can be suppressed.
Making an admission to drinking, even it was just "two", will not help you whatsoever, and will definitely come back to harm you while making your DUI attorney's job to defend you more difficult.
Don't succumb to the myth, because you're desperate, that if you are honest with the police they will see you as a good person and cut you some slack. They won't. If they suspect of you of DUI, you are going to jail. Period.
Don't fall for the good cop / bad cop games. The police officers are not your friends, nor do they empathize with your situation in any way. They are actually rewarded for a high volume of DUI arrests, and even more so if they can get convictions on drunk drivers. The need for the arresting police officer to appear at the DMV admin per se hearing on your drivers license suspension and your DUI court dates gives the officer the opportunity to make his regular salary, and overtime pay, if applicable.
You have the right to remain silent; DO SO! If you are arrested, the police MUST allow you to speak to an attorney or at least give you a fair opportunity to try and contact a lawyer to advise you.
Do be polite and respectful when declining to volunteer unnecessary information to police. When stopped by a police officer for a traffic violation or suspicion of driving drunk, California law requires you to answer questions related to your identity that include your name, address, and date of birth. You are also required to provide the officer with your drivers license, vehicle registration, and proof of insurance. You are not required to tell the officer that you've been drinking, where you've been, where you are going, what you've been doing, or why you are driving. Any statements you make will be used against you. You cannot go wrong by saying too little.
Remember, you have the right to remain silent, and to speak to an attorney.
It is always best to be courteous, AND to invoke your right to remain silent so as not to accidentally incriminate or convict yourself. Let the officer work to gain legal evidence, if indeed, it can be developed.
Be sure and tell the officers that you are not refusing to cooperate with them, but that you are exercising your rights .
The best thing to do is to remain polite but firm in your resolve to not answer questions and, if they continue to question you, repetitive in your requests to speak to an attorney.
G. Cole Casey is THE top DUI Defense Lawyer in San Diego County. His practice is dedicated exclusively to the defense of persons charged with DUI, DWI and Drunk Driving in Southern California.
Call us twenty-four hours a day at 619.237.0384 or send us an email now to discuss an aggressive and legitimate defense strategy for your DUI case.