The sight of flashing lights in your rear view mirror can be an alarming experience, especially if you have had a few drinks. How you respond can make a big difference in what happens next.
There are two things you should realize right away:
- Everything you say and do will be recorded
- Anything you say to the officer can and will be used against you
DO NOT SAY ANYTHING TO INCRIMINATE YOURSELF
Some people think that a frank admission that they had a drink or two will help them talk their way out of DUI/OWI charges. THIS IS NOT THE CASE! By saying you drank alcohol, you are giving the police officer probable cause to make an OWI arrest. Even a drink or two could put you over the BAC limit if you are under the age of 21 or are a commercial driver.
Even worse is an admission that you smoked marijuana or used an opioid prescription pain reliever. This will give the police officer probable cause to subject you to drug testing. There is no legal limit for drug-impaired driving. Even a trace of drugs in your system is enough to charge you with a crime.
While we would not recommend lying to the police officer, you do have a constitutional right to remain silent. You can politely decline to answer questions that would incriminate you.
BE POLITE AND COOPERATIVE
Police officers are human beings, and acting belligerent will not help your case. In fact, your behavior can be used as evidence against you. Being uncooperative will also make it harder for your attorney to negotiate a favorable plea bargain.
WHAT IF POLICE DIDN’T READ ME MY MIRANDA RIGHTS?
We’ve become accustomed to hearing these words on police crime dramas: “You have the right to remain silent. Anything you say can and will be used against you in a court of law …”
Unfortunately, police aren’t required to read you your Miranda rights before they gather evidence against you in a drunk driving stop. You won’t be able to have the evidence suppressed because the police officer failed to read you your Miranda rights.
TALK TO A DUI/OWI DEFENSE ATTORNEY TODAY
Call 248-470-4300, or fill out our contact form to schedule a consultation with DUI/OUI defense attorney Derrick E. George. From our office in Birmingham, we represent clients in the Detroit metro area and throughout Michigan.