The Right to Remain Silent During DUI Arrest/Investigation

A lot of times what people do wrong, when they’re stopped for driving under the influence, is give too much information to the cops. Law enforcement officers – whether it’s LAPD, LA County Sheriff, or Highway Patrol – are looking to get as much information from you as possible when you’re stopped for a DUI. They want to know where you’re coming from, where you’re going, and what you had to drink. People want to cooperate, they want to be honest, and they give too much information to the cops. The cops are writing it all down. Sometimes, they’re videotaping it. They’re trying to build a case.

From the very first instance when you’re stopped, they are working on a DUI. Every question they ask is to build their case and make their case as strong as possible. One of the mistakes we often see is people giving too much information when talking to the cops. It’s always a good idea to limit the amount of time that you talk to the cops. Limit what you say. Just give the bare-bones necessary information: name, driver’s license, proof of insurance, and that’s about it. Once the police officer asks somebody to get out of a car, things are going downhill fast. Once you’re out of the car, you’re really in the thick of a DUI investigation.

Anything you do is going to be used to try to incriminate you. It can be used against you. Field sobriety tests, breath testing – all of that stuff will be used against you. You want to limit what it is you give them but still comply with the law.

Mark Rosenfeld - Criminal and DUI Defence Trial Lawyers

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