What to say – and what not say – during a drunk driving traffic stop

On Behalf of | Aug 5, 2024 | DUI |

What people say when they have had a few drinks can get them into trouble. That is especially true of those stopped by police officers who suspect them of impaired driving.

People feeling stressed about a drunk driving traffic stop sometimes unintentionally worsen their own circumstances in their attempts to avoid arrest and prosecution. It is easy to say things that a police officer can misconstrue or use against a driver later.

What communication guidelines can help people to navigate drunk driving traffic stops effectively?

Oversharing is a common mistake

Perhaps the most common issue in an impaired driving case is that the motorist essentially does the police officer’s job for them. They start offering information as soon as the police officer approaches their vehicle.

The officer may not have even suspected them of alcohol consumption before they proactively admit to having one or two drinks. Many people who know they are well over the limit tell officers that they had just two beers. Even if someone is honest when they claim to have enjoyed two drinks, that assertion can lead to increased suspicion.

Drivers can also get themselves into trouble if they try to leverage their personal or professional credentials as a way to get out of the traffic stop immediately. Talking back to or threatening a police officer is almost certain to worsen someone’s situation.

Saying the right thing can make all the difference

While the list of what someone should not say during a traffic stop largely depends on their circumstances, what they may benefit from saying is often the same. If an officer tries to convince a motorist to perform field sobriety tests, for example, asking to talk with a lawyer can make a major difference.

Drivers also often benefit from asking why an officer pulled them over initially. If an officer doesn’t have a reasonable justification for a traffic stop, what follows may constitute a violation of the driver’s rights and could affect the usefulness of the evidence gathered if the case goes to trial.

As a closing note, anyone dealing with the police may benefit from remembering that they always have the option of asking if they are free to go. If police officers don’t have reason to arrest or detain someone, they usually have to allow them to leave at the end of a brief interaction.

Drivers who know how to navigate a drunk driving traffic stop are less likely to end up needlessly arrested and prosecuted. Making smart choices about what is said during a traffic stop can have a profound impact on a motorist’s future.