DUI Stops and Talking with Police

bigstock-Police-officer-has-pulled-over-11985680DUI Stops and Talking with PolicQuestion from Someone Arrested for DUI- Last weekend, I was stopped by a police officer up near Pacific Beach. Long story short, he arrested me for DUI. I don’t think I was, but I don’t know what the blood test results are yet. When he was taking me to the station for the blood test, he told me I could call him if I had any questions or if I wanted him to recommend a good lawyer. Should I call him?

Answer from a Lawyer – No. Do not call him. There are several reasons why. First, if you are a woman, given what has been happening recently with the San Diego Police Department, you could be putting yourself at risk. None of us want to hear another story of another cop being accused of improper conduct with a female arrestee.

Second, he is a police officer. If you say anything to him, that may end up being used against you in court. If you make any comments like, “I guess I shouldn’t have been driving.” “I only felt slightly buzzed.” “I usually don’t drink to much and drive.” Any of those statements may seem fairly innocent. In reality, any one of them could be the basis for a jury finding you guilty.Sometimes I have had client’s who wanted to call and either thank the officer who arrested them or to apologize for their actions. Do not do it. Even something as simple as that could be interpreted as a tacit admission that you are guilty. In fact, the only person you should discuss your case with at all is your lawyer or someone who works for your lawyer.

Finally, it would be a very poor choice to hire a lawyer suggested to you by a police officer. If you go to court, it will be your lawyer versus the cop. Why in the world would you assume that same cop would send you to a good lawyer who is going to be able to undermine the officer in court. He wouldn’t. At best he is sending you to a lawyer he knows will try and plead you out. At worst, he is sending you to a lousy lawyer or he has some deal with the lawyer. In either case, you want a lawyer who is going to fight for you.