DUI – “Have you been Drinking Sir?”

You should know that the moment the police ask you if you have been drinking, you are almost certainly going to be arrested.  Don’t answer questions about drinking, those are legal admissions that you do not have to make:  “Sir, have you had anything to drink today?” — “Officer, with respect, I’m not answering that question.” One commentator gave the suggestion of answering questions like this with questions, for example, when the officer asks if you have been drinking, simply reply with, “Would you like to see my license Officer?

Another little interesting tidbit about the reasonable cause “Macarena” (see our post on this subject) — officers will commonly request that you present your driving license, registration and proof of financial responsibility, and then continue to rapid-fire questions while you fumble to find these documents in the shadows created by the high-intensity spotlights that are now trained on your car.  They are already assessing your ability to handle multiple complex and highly stressful situations at the same time.

We know you will want to “come into compliance” and “show your papers” as fast as possible, but you aren’t legally required to do both things at once. Our suggestion — if you are trying to find your documents and the officer starts with a lot of questions, stop with the documents, sit up straight, and answer the questions (see above) – then, and only then, go back to the search in the dark for your license, registration and proof of financial responsibility

Check back for more DUI tidbits in the future – JMF DUI team

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