If you are pulled over for suspicion of driving under the influence (DUI), you need to know the best ways to protect yourself from steep legal penalties. One of the first things you should do is contact a DUI lawyer. This lens explains why.
Ask For Your DUI Lawyer Before Speaking to Police During a DUI Arrest
If you are pulled over on suspicion of DUI, one of the first questions the officer will probably ask is how much you have had to drink. Though most people assume that it is best to comply with all of the officer's requests and answer all of his questions, you should not speak to police during a DUI arrest. Though you must provide identification and proof of insurance when pulled over on suspicion of DUI, you are not obligated to say anything further to the police officer, either on the side of the road or once you have been arrested and taken to the police station. During a DUI arrest, you should not say anything to police other than requesting to speak with a Denver DUI lawyer. You do not have to answer any questions without your lawyer present.
With that being said, if you do feel like you must speak to the officer, do so in a calm and polite manner. This is no time to get into an argument with law enforcement. Even when not asking you questions, the officer is watching your conduct carefully, gathering evidence that may be used against you in court. Too many people who feel they are innocent will ruin their case by speaking to police during a DUI arrest. Even if you are innocent, save your arguments for the court. If you feel the need to answer a police officer's questions during a DUI arrest, do so truthfully; any lies you tell will damage your credibility in court.
Never disclose any information about your recent activities or drinking, either voluntarily or when directly asked by the police, even when you think it would help your case. Never tell the officer that you had "only one or two beers;" this can be used as probable cause to arrest you on suspicion of drunk driving. It is much easier for your Denver DUI attorney to fight a case in which you exercised your right not to speak to the officer than one in which you told the officer you had been out drinking that night.
The arresting officer may attempt to make "small talk" with you; do not answer even these seemingly harmless questions. Not only is the officer interested in your answers to the questions asked, but he is also looking for signs of inebriation. Are you slurring your words? Can the officer smell alcohol on your breath when you open your mouth? Both can be used as evidence to arrest you on suspicion of DUI.
Any incriminating information you divulge at any point during the DUI arrest can be used to build the case against you. For this reason, it is important not to volunteer information from the second you are pulled over. Any statements you make will follow you to the courtroom, making it much harder for a DUI attorney to defend you. You may not realize it, but many of the questions asked by police officers are voluntary, and will give the officer evidence that he would no otherwise have. It is perfectly acceptable to exercise your rights by refusing to speak to police during a DUI arrest.
With that being said, if you do feel like you must speak to the officer, do so in a calm and polite manner. This is no time to get into an argument with law enforcement. Even when not asking you questions, the officer is watching your conduct carefully, gathering evidence that may be used against you in court. Too many people who feel they are innocent will ruin their case by speaking to police during a DUI arrest. Even if you are innocent, save your arguments for the court. If you feel the need to answer a police officer's questions during a DUI arrest, do so truthfully; any lies you tell will damage your credibility in court.
Never disclose any information about your recent activities or drinking, either voluntarily or when directly asked by the police, even when you think it would help your case. Never tell the officer that you had "only one or two beers;" this can be used as probable cause to arrest you on suspicion of drunk driving. It is much easier for your Denver DUI attorney to fight a case in which you exercised your right not to speak to the officer than one in which you told the officer you had been out drinking that night.
The arresting officer may attempt to make "small talk" with you; do not answer even these seemingly harmless questions. Not only is the officer interested in your answers to the questions asked, but he is also looking for signs of inebriation. Are you slurring your words? Can the officer smell alcohol on your breath when you open your mouth? Both can be used as evidence to arrest you on suspicion of DUI.
Any incriminating information you divulge at any point during the DUI arrest can be used to build the case against you. For this reason, it is important not to volunteer information from the second you are pulled over. Any statements you make will follow you to the courtroom, making it much harder for a DUI attorney to defend you. You may not realize it, but many of the questions asked by police officers are voluntary, and will give the officer evidence that he would no otherwise have. It is perfectly acceptable to exercise your rights by refusing to speak to police during a DUI arrest.
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by ColinDaives
ColinDaives
Colin Daives writes general information articles about a number of legal topics that range from personal injury and civil rights to criminal law and D... more »
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