If you’re pulled over on suspicion of driving under the influence, do yourself and your Riverside DUI attorney a favor: exercise your right to remain silent.
Being pulled over for any reason can be a frightening experience — and it can be even scarier if you have had a few drinks and are worried about a possible DUI charge. With serious consequences for a California DUI offense, including possible jail time and the installation of an ignition interlock device, it is only natural to be worried about a DUI arrest. If you are pulled over or arrested on suspicion of driving under the influence of alcohol or drugs, follow these tips on what to say — and not to say — to preserve your Riverside DUI attorney’s ability to defend you.
Exercise Your Right to Remain Silent
If you are a fan of Law & Order or any other legal or police television show, you are likely familiar with Miranda rights: “you have the right to remain silent, anything you say can be used against you in a court of law….”. If you are pulled over or arrested for DUI, exercise that right!
Talking to a police officer when you are suspected of a crime can usually only hurt your case. It very rarely is helpful! Be polite to the officer, but take advantage of your constitutional rights. Inform the officer that you are exercising your right to remain silent, or that you have been advised to not answer any questions. Remaining silent will rarely harm your case — but trying to explain yourself may land you in additional trouble. For example, if you lie to the officer and say that you weren’t drinking, that lie could be used against you later. If you admit that you had a certain number of drinks, it may be used against you even if your lawyer is able to have other evidence (like chemical tests showing your blood alcohol content) thrown out of court. Talking to the officer about how much you drank, including lying, can make it hard for your attorney to negotiate a deal to have the charges dismissed or reduced. You are effectively testifying against yourself, because each statement that you make can be used against you in court. When in doubt, remember that you have a right to remain silent — and exercise that right!
Remaining silent provides another advantage if you are pulled over on suspicion of DUI: it gives the officer fewer chances to detect the odor of alcohol on your breath, or note that your speech is slow, slurred or thickened. Each of these can be signs of intoxication, providing additional evidence that can be used against you if your case goes to trial. By talking only when necessary to inform the officer that you are exercising your right to remain silent, you limit the opportunities for the officer to gather this sort of evidence against you.
Ultimately, the best way to avoid being arrested for a DUI is to never drink and drive. But if you are pulled over on suspicion of driving under the influence, do the smart thing and be quiet. Answer only the necessary questions, and provide only the required information. Exercising your right to remain silent can help a Riverside DUI attorney defend you against a DUI case if you are charged.
The Chambers Law Firm is here for anyone who has been arrested for a DUI. With over twenty years of experience, attorney Dan E. Chambers is skilled at handling DUI cases. Contact his office today at 714-760-4088 or dchambers@clfca.com to learn more about your DUI case, including possible defenses to the charge.
