After you have been pulled over for suspected driving under the influence (DUI), it is important to know that you do not have to answer most of the police officer’s questions. He or she will ask you questions such as how much you have had to drink, when your last drink was, and do you have any physical impairment. Trust me, the officer is not asking these questions for your benefit. He or she is asking them to gather evidence against you. Answering a seemingly harmless question could seriously impair the defense of your DUI case later. The general rule to follow whenever you are confronted by the police is the less you say the better.
In a DUI case especially, it is never a good idea to give a false response to an officer’s question. The most common occurrence of this I see is lying about how many drinks you have had. Sometimes people tell the officer that they have had nothing to drink. If this is false it can be easily disproven. Many others will fib about having two drinks, when in truth they have had many more. When you provide a chemical test your “two drinks” will be hard to explain when the results come back at .15%. If the prosecutor can convince the jury that you lied to the cops he can ask them to infer that you did so because you knew you were too drunk to drive.
Another common lie told to cops is how long it has been since your last drink. Many people assume that if they say that it has been many hours since their last drink they will appear less guilty. In fact, this statement weakens the best defense a DUI attorney has, the “rising blood alcohol” defense. If these people knew the defense they would tell the cops that they took their last drink immediately before being pulled over. By saying it has been hours it makes it more unlikely that your body was still absorbing the alcohol in your stomach.
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