Why You Should Exercise Your Right to Remain Silent

Don’t give the police any more information than necessary if pulled over for a DUI.

Why You Should Exercise Your Right to Remain Silent

When it comes to getting pulled over the police, there are many urban legends about how you can get out of trouble — like that you were rushing to get to a bathroom or that you only had two beers.  One thing that many people do not realize is that the police employ a lot of tactics to get people talking, with the ultimate goal of making an arrest.

As Americans, we all have certain constitutional rights.  One of these is the privilege against self-incrimination.  In practical terms, this means what we have the “right to remain silent.”  If you are pulled over on suspicion of driving under the influence of alcohol or drugs, you should exercise that right.

When the police pull someone over because they think that they are driving drunk, they generally are not looking to help you out.  They want to make an arrest, and to get a person that they think is a drunk driver off of the streets.  This means that they will be doing whatever they can to get you to talk and to make their job even easier by admitting that you have been drinking.  Think of it this way: if you go ahead and tell the police that you had alcohol or consumed drugs, it’s a lot simpler for them to make the case for arresting you — and for the prosecutor to get a conviction.

You may feel intimidated by the police or as though you have no choice but to answer their questions.  That is a natural feeling, especially if you want to do what you can to NOT get in trouble.  But absolutely anything that you say can and will be used against you — and outside of providing some information (like your identity), you do not have to answer their questions.  The smart move is to stay silent, as talking will only hurt your case — and will rarely (if ever) help.  As any DUI lawyer in Rancho Cucamonga will tell you, clients who talk to the police and admit that they have been drinking will have a much harder time fighting the charges.

Of course, this doesn’t mean being rude or not complying with basic requests.  If an officer requests your license, registration and insurance, you have to provide it.  When doing so, you should remain calm and polite.  Do not give the police any reason to want to arrest you!  You may actually want to say something simple like, “I am exercising my right to stay silent on the advice of my lawyer” rather than just not answering the officer.  After you say that and have provided the necessary information, do not answer any more questions.  This includes asking where you have been or how much you had to drink.

If you have been arrested for a DUI, remember that you are entitled to stay silent — and exercise that right.  Then contact a skilled DUI lawyer.  In Rancho Cucamonga, CA, the Chambers Law Firm will aggressively defend you against DUI charges.  Contact our office today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.

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