Most people feel relatively anxious while interacting with police officers. Even those who do not ever intentionally break the law may worry about somehow implicating themselves. Police officers often use that nervousness to their advantage during encounters with the general public.
For example, police officers may ask people questions that could provide grounds for an arrest with the expectation that those individuals may offer information. If a police officer pulls someone over because they suspect them of a driving under the influence (DUI) offense, the first stage of the investigation is often to ask that person questions that could justify testing requests or an arrest.
Should drivers invoke their right to remain silent when police officers pull them over for a drunk driving traffic stop?
Civil rights exist for a reason
It is advisable for people to be aware of their rights and to make use of them whenever doing so is feasible.
During an interaction with law enforcement professionals, anxiety may lead to people making statements that affect their legal circumstances. People volunteer too much information or contradict themselves because they feel so nervous or anxious. That can then come back to haunt them later when their case goes to trial.
Many people only make use of their right to remain silent after an arrest. However, police officers cannot compel people to answer specific questions during a traffic stop. They can demand that a driver identify themselves and provide information about the vehicle and the insurance policy attached to it.
They cannot typically force drivers to answer questions. Verbally asserting the right to remain silent when an officer begins asking questions during a traffic stop can help people avoid scenarios in which their own words become the main evidence against them.
Drivers also have the right to decline field sobriety test requests. Especially in cases where people know that their nervousness or a medical issue might compromise their performance on the tests, politely refusing testing requests may be in the best interest of the driver.
The state’s case against a driver accused of drunk driving may include verbal statements, video footage of their driving and test results. Analyzing that evidence with a skilled legal team can help with the development of an effective DUI defense strategy. Those who make use of their rights during encounters with police can reduce the likelihood of getting arrested and can strengthen their position when they decide to defend against their pending charges.