What To Say To An Officer When You Are Stopped For DUII

What To Say To An Officer When You Are Stopped For DUII: Nothing!

Driving under the influence is a crime that cuts across all social lines. Young or old, man or woman. Many of us drink and sometimes we decide to drive.

Consider this scenario.

It’s 10:00 at night. You’re wrapping up a nice dinner with your friends. Over the course of a couple hours you’ve had 1 or 2 glasses of wine. It’s time to head home and you jump in your car.

The thought that you may be too intoxicated to drive doesn’t even cross your mind.

But when you look in the rearview mirror and see flashing lights, your heart drops. Could you be over the legal limit? How is that possible?­­

While you may not be ‘drunk’, you can still be charged with a DUII in Oregon even if your blood alcohol level (BAC) is under .08%.

What you say and do in the next 30 minutes can help determine whether you will be convicted of a DUII or not. Take a minute and read this post to learn what you can expect, and what you should say, when you’re pulled over by a law enforcement officer.

How To Speak To An Officer: Don’t

Likely the officer already suspects you’re driving drunk. Everything you say and do during your encounter will be used as evidence against you.

First, he will ask for your license, registration and proof of insurance. Take your time to find these items.

Hand them over carefully, but don't say a word.

Don't think that if you are nice, friendly, or joking around, the officer will let you go.

He won't.

In fact, the officer is going to use ‘niceness’ to get you to admit you were drinking.

That will be the next question.

To that question and to all others you respond politely with:

"I invoke my right to remain silent, I invoke my right to have an attorney present, and I will not answer any more questions or take any tests."

The officer will hate this because you've now taken away his tools available to gather evidence against you.

He will try to convince you to trust him.

ex: "Can you at least tell me where you're coming from?"

He will use reverse psychology and ask if you have something to hide.

ex: "Well, if you have nothing to hide why won't you answer my questions?"

Then he'll ask you to take some field sobriety tests. I'll speak more about those in another posting.

For now you simply and politely repeat:

"I invoke my right to remain silent, I invoke my right to have an attorney present, and I will not answer any more questions or take any tests."

Don't say anything more.

Remember Your Rights

If the officer asks permission to search your car, say: "no."

Even if it means letting him arrest you. The fact is, you've given him no evidence to use against you in court, which is where it will matter.

That’s why it is important to have a skilled attorney who will fight for your rights in court.

If you ever have questions or find yourself in a situation with the police, don’t hesitate to call Adam Greenman - Attorney at Law for a free, no obligation consultation.

Phone: (503) 227-3800