What Should I Say To The Police Officer When I Am Stopped For A DUI?

You have the right to remain silent so you actually don’t have to say anything. However, the right to remain silent only applies to post-arrest situations. Once you are arrested if you are not advised of your rights any statement you make cannot be used in court. However before you are arrested and in the investigative stage remaining silent might eliminate the possibility of explaining facts that might help you. It is possible that mechanical issues with your car caused driving issues or some health problem other than alcohol or drug influence has created a driving problem. If that is the truth and can be backed up it might be best to share that.

However, certain things are true. Namely, the alcohol tests are nearly 100% accurate, so the two beer story is a waste of time as well as I just used mouthwash. Most tests are given after a 15 minute observation and that time period is enough for all alcohol in mouth wash to dissipate and the test will read the blood alcohol in your lungs and will be accurate. In most cases a police officer will ask you to do physical tests. Most people even sober cannot do them perfectly. If you have health issues it is beneficial to disclose these so your inability to do the test can be taken into consideration.

It is important to actually take the tests offered. The California State law requires that tests be taken as a condition of your being licensed to drive. Your refusal to take the test can be used in court against you in a trial and you will lose your license for a year because you refused the test.