When you’re involved in a DUI stop, you might not know what your best option is. Do I admit fault? Do I lie? Remaining silent during a DUI stop may be the best option for you. Although an officer may wait to read you your Miranda Warnings, you still have the right to not speak. This can include answering preliminary questions like “where are you coming from?” or “how many drink did you have tonight?” Police officers might ask many questions in this scenario. But, you have no obligation to answering any of them. In fact, it may make your case more difficult to defend.

Remaining Silent During DUI Stop: Benefits of Not Answering Questions

Once an officer stops you, he or she may come up to window and proceed to ask you some questions. At this point, they consider these preliminary questions. That simply means they are not performing an official interrogation. Furthermore, you are not under arrest yet either, so they do not have to read you your rights.

But just because they haven’t given you the Miranda Warning, does not mean you don’t have the right to remain silent. In fact, this may be the best idea because some of their questions can be incriminating. For example, they will most likely ask where you are coming from. In addition, they may ask if you had anything to drink…

Can They Use Your Answers In Court?

Now, imagine that you answer and inform them you are coming from a bar. In addition, you also admit you had a couple drinks with friends. Of course, you are just trying to comply with the officer. But this information may be harmful in your case. And since you answered these questions willingly, it is fair game for them to use your answers in court. Therefore, prosectors may bring up the fact that you were driving from a bar, from which you admitted to drinking.

However, there is one condition in which they may not be able to use your answers. If the officer informs you that he is arresting you, he then must read you your rights. If the officer does not inform you of your Miranda rights, anything you say after that point may not be admissible in court.

Your right to answer… is yours

It’s important to understand that your rights begin before they are read to you. So, if you feel that anything you say might be held against you… hold off! You don’t have to say anything during this process, and speaking with a lawyer before you do so, might help your case more than you know.