If I am stopped for DUI, Do I have to answer the police whether I was drinking or not?

by Aaron Black • September 19, 2012

The police are not your friends. They are not around to help you. They are around to arrest you.

Growing up, your parents may have taught you to always tell the truth. Though you should never tell a lie, if the police ask you a question you do not have to answer.

We all have a Fifth Amendment Right to remain silent. If you are stopped by the police for suspicion of DUI in Phoenix, Arizona they will ask if you have been drinking. You do not have to answer whether you have been drinking. Here is what you should do if the police stop you for DUI and ask if you have been drinking:

  1. Ask for a lawyer
  2. Tell the police you will not answer any other questions without a lawyer present
  3. invoke your right to remain silent

No matter how smart or smooth you think you are, you will NEVER talk yourself out of a DUI. The best you will do is talk yourself into a DUI. If the police are going to arrest you for DUI they are going to arrest you whether you talk or not. Do not talk. Do not give them more incriminating evidence to use against you in trial.

For more tips on what to do when stopped by the police for suspicion of DUI in Phoenix, Arizona please read: What do I do if I get pulled over for DUI?

Aaron Black is a Phoenix Criminal DUI Defense Lawyer and one of the leading trial attorneys in Arizona. Aaron Black. Aaron Black is recognized as a 2012 Super Lawyer Rising Star in Criminal Defense (Top 2.5% of lawyers under 40 in Arizona and New Mexico). He is rated 10/10 on AVVO.com, and is rated by Martindale-Hubbell as an AV Preeminent Lawyer (the highest level of professional excellence).