As a San Francisco DUI lawyer, I have clients come into my office from all over the Bay Area with their DUI citation. Once I get the police report, I become frustrated by the statements made by the client to the police officer. The problem is that most people do not know that they have the right to refuse to answer questions that might incriminate them before they are arrested.
It is important to know that everything you say from the point you are approached y the officer until you are released from custody can, and most likely will, be in a subsequent police report, and it may be used against you at trial. You do not have to say anything to the officer other than your name and insurance information. Do not offer information such as "I only had three beers" or "I'm upset because my boyfriend broke up with me." Don't make jokes to the officer. Don't argue with the officer, or swear at the officer. You will later regret it.
While it is possible for a DUI attorney to get the statements thrown out, it is possibly that a judge may leave them intact. They will then be intact for a jury to hear.
So remember, be quiet, give out only essential information, and hope for the best.
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