We can all agree that being stopped by the police is an unpleasant experience. However, it’s important to understand your rights to define yourself in the event the officer asks you if you’ve been drinking to avoid a DUI. Please continue reading to learn how you should respond to the police if they ask if you’ve been drinking and why connecting with a dedicated Chesterfield County DUI Lawyer is in your best interest.
What Are the Police Looking for During a Traffic Stop in SC?
When law enforcement officers perform a traffic stop, they look for signs of impairment. While it may seem like an innocent conversation, any statement from the officer is calculated toward the objective of gathering evidence that gives them probable cause to make an arrest or extend their investigation. Essentially, they need circumstances that would leave a reasonable person to believe a crime has been committed. For instance, they may ask you how many drinks you had instead of asking if you were drinking. Similarly, they may ask if you are coming from a bar or party. To avoid an arrest, you should invoke your right to remain silent.
What Should I Say to the Police if They Ask If I’ve Been Drinking?
Under the United States Consitution, you are afforded the right to self-incrimination. Essentially, this means, that if you’ve been drinking, you don’t have to answer police officers’ questions at all. You can invoke your right to remain silent. While you have the right to decline to answer police questions, you should avoid lying, even if you’ve only had one drink, because it’s a crime. If you provide the police with an answer regarding drinking or drugs other than “none,” the police officers may offer you a breathalyzer test or conduct a full investigation to determine whether you are operating a vehicle while intoxicated or impaired. This will give the officer probable cause. A police officer cannot place you under arrest for DUI unless they have probable cause.
Therefore, saying nothing is better than lying. It’s important to note that we are not advising that you provide false information to the police, but you should keep in mind that declining to answer their questions is a better option than admitting to alcohol or drug use as your Fifth Amendment right protects you from being forced to incriminate yourself. However, you should remain polite and respectful. Cooperation is key, if you come across as rude, the officer may grow suspicious of your actions.
At the Cockrell Law Firm, P.C., we are prepared to help you understand your rights and safeguard your future. Connect with our dedicated legal team to learn more about DUI charges and how we can help fight yours.
