What should I tell the police if I am stopped for a DUI? By Daniel Smith

It is against the law to lie to a police officer who is investigating a possible crime, including DUI. You should not lie to the police. The best thing to do is decline to answer any questions about what you had to drink and where. That is your Constitutional right guaranteed by the 5th Amendment.

Another reason not to lie is that the most common lies people tell the police when they are stopped for a DUI actually hurt their case. Almost everybody says they only had a couple drinks, usually beers, and that they finished drinking a long time ago. These are just about the worst answers you can give. First, if you are being arrested for a DUI, you had more than a couple beers. So, the prosecution will use that to make it look like you lied to the police. Second, by saying you finished drinking a long time ago; you may be undermining several possible defenses to your blood or breath test result. It is usually best to politely tell the officer that you think you are sober and you do not wish to answer any questions.

They may tell you that if you do not answer your questions, they will have to arrest you. First of all, that is abusive of your Constitutional rights. More importantly for you that night, if they have already decided they are going to arrest you if you do not answer their questions; they are going to arrest you no matter what your answers are. They are only trying to get more information to use against you.

If you or someone you know has been arrested for a DUI, please contact our office for a free consultation at (619)258-8888.