Saturday, November 14, 2009

If you are ever pulled over by police and they suspect that you are DUI, then the officer will normally first want to know how much you’ve drunk. Many people believe that it’s best to do whatever the officer says and helps him as much as possible. However you really shouldn’t speak to the officer without first speaking to your attorney. You shouldn’t be awkward and you must provide your identification and insurance proof when you are pulled over, however you do not have to say anything else. This is the case even when they have formally arrested you. During a DUI arrest you shouldn’t say anything other than to request your DUI attorney. You don’t need to say anything further until your lawyer turns up.

If you want to talk to the officer then that’s fine, however make sure that you are calm and not irate. It’s really not a good idea to get into an argument with an officer. Police officers are trained to study body language and your behavior, even though they aren’t always asking questions they might notice something strange. Innocent people often want to prove their case and claim their innocence; however arguing with a police officer is never a good way to go about this. Lots of people damage their cases by talking to police. If you do answer questions make sure you do so truthfully and honestly as this will protect your credibility.

Make sure you are very careful and don’t tell the police anything about your recent drinking activities, even if they ask directly. It’s important not to do this even if you think it proves your innocence. Never tell the police that you’ve just had a couple of beers because this may be used as a reason to arrest you. Your DUI attorney should have an easier job fighting your case if you don’t say anything rather than risking saying the wrong thing. Exercise your right to stay silent and let your lawyer do all the hard work.

The police can be quite crafty and may attempt to use small talk to break the ice, make sure you don’t engage in conversation. Even answering these seemingly innocent questions now can damage your case. The police officer will be interested not only in your answers, but also how you answer them. If you are slurring or appear to be drunk then this can be used as evidence.

Any information that you give up can and will be used to build a case against you, even information that you think may be helpful can in fact damage your case. This is why it’s very important that you exercise your right to silence and let your DUI lawyer do the hard work for you. Nothing you say to a police officer will be ‘off the record’ and some of it could come back to haunt you in the courtroom. Any of your statements could damage your case and make it very difficult for a DUI lawyer to fight your case. Most of the questions which are asked by the police are voluntary and you can stay silent without incriminating yourself.

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