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| Remain Silent! |
As the holiday season approaches, California law enforcement officials will be on the lookout for people who find themselves driving under the influence. Additional DUI / sobriety checkpoints, DUI saturation patrols, and additional cops will be deployed in an effort to clampdown on DUIs. So sober drivers along with intoxicated drivers will undoubtedly be stopped as well as investigated for this offense…and that before the officer even speaks to the driver…he/she will assume that he’s going to be able to complete a DUI arrest.
My advice? Don’t help encourage that judgment! As a Los Angeles DUI defense lawyer I repeatedly see people who may have had their particular charges dismissed…or possibly never even filed…had they simply remained silent.
Remaining silent is your right…you have no responsibility to aid the cops out by incriminating yourself. The catch is that many individuals think that they will be able to reason his or her way out of the DUI arrest. Believe me, this isn’t the case!
POLITELY advise the officer that you want to exercise your right to stay silent. Don’t respond to any questions about when you were drinking, what amount you were drinking, where you were drinking, etc. Just politely keep reminding the police officer that you need to remain silent. In all likelihood, you will probably be arrested. Notwithstanding, your silence will make it more difficult for the prosecutor to obtain a conviction.
And equally important is this advice – if you do choose to answer questions, do not lie to the cop. If you deny drinking when you truly were…and ultimately undergo a chemical DUI blood or breath test…your credibility will be shot if you produce a result that is above California’s lawful limit. The prosecutor, judge and jury may have difficulty accepting with what you report and may even be more inclined to believe the detective than they otherwise would have.
The bottom line is if you stay silent, it’ll be considerably more challenging for the prosecutor to convict you of driving under the influence. Without a timeline of when you were drinking, what you were drinking, what medications you were taking, when you last slept, etc., they can only rely on the officer’s analysis as well as the results of the chemical test. Both of these can be easily challenged by a knowledgeable DUI defense legal professional. And the rest then turns into part of the defense.
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