The right to remain silent is important. The law recognizes the power police have over someone. It’s easy for someone to feel intimidated and confess to something they didn’t do. Your right to remain quiet helps prevent this from happening.
This right is helpful for everyone. Even when someone is completely innocent, they could say the wrong thing and find themselves accused of a crime. Remember, the Miranda warning tells you that “anything you say can and will be used against you.”
If you’ve been pulled over for any reason, no matter how insignificant, you should stay silent. You may need to hand over some basic information like your name or ID, but otherwise, don’t say a word. Otherwise, the police could use your statements to accuse you of a DUI.
Alcohol is not the only substance that impairs your driving. If the police believe you are high on drugs, they can arrest you for a DUI, sometimes called a DUID (driving under the influence of drugs).
The police have far less evidence to use in a DUID charge. For instance, there is no breathalyzer test for cocaine or heroin. Cops often use their intuition in these cases. They judge someone’s behavior, look at their pupils, and so on.
Technically, the police can use almost any substance to accuse you of a DUI. If you were driving all over the road and tell the police you’ve had too much coffee, they could charge you with driving under the influence.
That’s why you should stay silent when pulled over. Don’t tell them about anything you’ve put in your body, whether it’s food, liquid, or medication. That way, they have less reason to accuse of a DUI.
Police want to connect your driving behavior to an outside substance. They are often trained to trap you by asking leading questions. They can ask things like, “How much have you had to drink tonight?” or “What did you take this evening?”
Remember, your words are the building blocks of a criminal accusation. If you answer these questions in just the wrong way, you could be accused of driving under the influence.
You don’t have to answer anything beyond your name. Don’t tell the cops where you’re going, where you’ve been, any medicine you’ve taken, or anything else.
After An Arrest
Police have wide authority in a DUI allegation. Even if you remain quiet, they could arrest you. If they do, just cooperate, and stay silent.
Down at the station, continue to keep your silence. The police are constantly building their case against you. After they give you a Miranda warning, they can still ask you questions and try to trip you up. They will take advantage of a drunk or high person, trying to confuse them into a confession.
Remember, your attorney is there to speak for you. That’s their job. Having representation is a fundamental part of our legal process. You don’t have to incriminate yourself, and your silence cannot be used to build a case against you.
If you’ve been accused of a DUI, reach out to our firm today for help. You can contact us online or call us at (931) 361-4477.