One commonly asked question surrounding DUIs is what can be said when you've been arrested for one. Many people believe that staying completely silent is the best option. However, this is actually going to make it seem as if you are guilty because you are trying to hide something. Instead, here's what you should know about what can and cannot be said.
- Don't Answer Incriminating Questions: While it's best not to remain silent and to answer basic questions, such as your name, you should not answer any incriminating questions. For example, if the officer asks you how much you have been drinking, just answer with a simple statement that you have been advised not to answer questions. Admitting that you have been drinking is incriminating in itself even if you believe that you didn't drink enough to be charged with a DUI legally.
- Say No to a Field Sobriety Test: What many people don't realize is that you are not obligated to take a filed sobriety test. If the officer asks you to take one, you can refuse. The reason this is the case is because these types of tests are subjective to the officer. While one officer might find your movements during the tests to be normal, another might think that they indicate you have been drinking.
- Say No to a Breathalyzer: Similarly to refusing the field sobriety test, you can also refuse the breathalyzer, which is recommended since these tests are also highly inaccurate. There are many factors that can throw the machine off, which can make it seem as if you have been drinking more than you actually were.
- Don't Say No to the Chemical Test: Once you have refused these tests, the officer is most likely going to want to take you to the station. Once you are here, you must take the chemical test if the officer believes you to be over the alcohol limit. Refusing this test is simply against the law and can just get you into further trouble. This goes along with refusing to accompany the officer to the station.
When you know what to do and say upon being arrested for a DUI, you will want to be sure that you take note of everything that has happened and talk with a DUI attorney. This way, you can be sure your attorney is more easily able to find any kind of discrepancy that can lead to the charges being reduced or dismissed.