Remain Silent When Pulled Over for DUI

If you’re pulled over for on suspicion of driving under the influence the best thing you can do is say nothing. It may seem counterintuitive, but silence is golden in this situation. At your first available opportunity, call an Orange County DUI defense attorney, so you can get the situation taken care of as best as possible.

The Scenario

You’re driving home from a New Year’s Eve party, anticipating that you’ll have the best year ever. Suddenly you see red and blue lights in your rearview. You remember having a couple of glasses of champagne, but you’re sure you’re not over the legal limit. You think you can talk your way out of a ticket because you’ve done it before. You have this in the bag.

The officer approaches and asks if you’ve been drinking, and you tell him you’ve had two glasses of champagne.

The Reality

You’ve just admitted to consuming alcohol, and you don’t truly know if your blood alcohol count (BAC) is below the legal limit. The officer can now administer a field sobriety test which he can interpret at his discretion.

A police officer can use anything you say against you.

Use Your Right to Remain Silent

Be polite, and provide your license, insurance, registration, and any other requested documents. You’re still required to comply with the officer’s requests or commands. However, this doesn’t include answering questions that might incriminate you.

Even if he hasn’t read you the Miranda Rights, you can invoke your right to remain silent. While it may be tempting to try to finesse the situation with small talk and casual conversation, police officers are trained to smell your breath and listen for signs of impairment. The more you speak, the deeper the hole you may be digging for yourself.

Some officers might even try to charm you into a conversation attempting to confirm their suspicion or extract incriminating evidence. Don’t be fooled.

In some cases, the officer might decide he doesn’t have enough evidence to detain you any longer, and in others, he might believe a field sobriety test is necessary.

Choose a Blood Test

If you were lucky enough for the officer to let you go, count your blessings and use better judgment in these types of situations.

If the officer decides to conduct a field sobriety test you can refuse it, opting for a blood test. This requires a trip to the police station or testing facility, but since breathalyzer tests can be unreliable, it may be in your favor to choose the more accurate blood test.

Call an Attorney

When in doubt, keep your mouth shut and call an Orange County DUI defense attorney. It can save your assets and protect your driving record.