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).

About the Author

Aaron Black is the founder and sole attorney of the Law Office of Aaron Black. Located in Phoenix, Arizona, his DUI and criminal defense law firm provides legal services to people who have received felony or misdemeanor charges from the state.

Aaron has developed a strong interest in defending people who have been arrested and received criminal charges for driving under the influence. With his professionalism and knowledge of Arizona DUI and criminal law, he has acted as a check and balance on the police, prosecution and courts and has protected a great number of his clients from excessive and unfair sentencing.

Along with DUI defense, Aaron handles a range of other criminal matters, including aggravated assault, burglary, domestic violence, drug possession, drug trafficking, fraud defense, insurance fraud, sex crimes and white-collar crime.

After graduating college in 2003 from the University of Arizona, Aaron decided to pursue a law degree. He followed a family long tradition and went to the University of South Dakota School of Law where he pursued his goal of becoming a criminal defense lawyer.

After passing the Arizona and South Dakota bar exams, Aaron joined the Maricopa County Office of the Public Defender where he defended hundreds of people charged with serious criminal offenses. His work as a public defender helped him sharpen his litigation skills and gave him a unique insight into the Arizona criminal justice system.

Over the course of his 15-year legal career, Aaron has spent a considerable amount of time in both Arizona justice, municipal, state and federal courts. He has argued over 50 jury trials, tried over 100 bench trials and has become one of the highest-rated criminal and DUI defense attorneys in Phoenix and the surrounding areas. He has received a 10/10 rating from the legal directory Avvo because of his legal background and successful case record. Since 2014, he has received the Super Lawyer rating for his work as a Phoenix DUI and criminal defense attorney.

You can review Aaron’s Attorney Bio page for more information about his background, education and experience as a Phoenix DUI and criminal defense attorney.
In light of the Coronavirus pandemic, I wanted to inform clients and potential clients I am still available for consultations. I am always available by phone, text and/or email. We can also use Facetime for social distancing. The criminal justice system is not stopping due to COVID-19.

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