DUI Law: What Should I Say?
If you are stopped by law enforcement on suspicion of drunk driving, the officer will ask “Have you had anything to drink tonight?” Some officers ask a variant of this question by making it an accusation, “I smell alcohol, how much have you had to drink?” We are often asked how best to answer this question.
The short, best and most protective answer is to reply that you are uncomfortable answering any questions without an attorney present. You have a Fifth Amendment Right to remain silent. The police cannot punish you for exercising this right. USE IT! So often a perfectly defensible case will be destroyed by a client’s ridiculous attempts to talk his or her way out of a DUI situation. Police officers are very willing to listen to what you have to say. A common tactic used by some experienced officers is the “it’s all over now, I’ve arrested you, let’s be honest” approach. They are seeking to solicit information to bolster the arrest and use against you in court. It has also become a common practice for police agencies to conduct an “INTERVIEW” after advising a client of his or her Miranda Rights. These so-called interviews is designed to elicit incriminating statements that destroy in advance any potentially mitigating conditions the defendant may wish to assert. Questions like, “what have you had to drink?” “where were you driving to?” “when did you have your last drink?” “Do you suffer from any medical conditions?” etc. The police officer simply goes down the list checking off the elements of the offense of drunk driving that the defendant willingly admits to. Some clients even admit to being “buzzed” or feeling “inebriated” while they were driving even though credible evidence to the contrary is later discovered. Admitting to drinking “one or two beers” is acceptable as that amount will not be sufficient to cause intoxication and it may explain why the officer can detect an odor of alcohol.
DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Springboro, Huber Heights, Oakwood, Beavercreek, Centerville and throughout Ohio. He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense. Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263). For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671. For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500. Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook and on the DaytonDUI channel on YouTube. You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324. “All I do is DUI.”
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