If You Are Suspected of DUII, the Police Will Ask You To Exit Your Car

Interviewer: They’ll say, “We need you to step out of the car?”

Shannon: They’ll say, “I can smell an odor of alcohol on you. Would you mind stepping out and taking a field sobriety test so I can check to see if you’re safe to continue driving.”

Interviewer: What are the most common questions they ask people when they get pulled over?

How Should You Answer the Questions Asked By the Police?

Shannon: They’re going to ask you, “It appears that you’ve been drinking tonight. How much have you had to drink?” The universal response is, “Two beers.”

Interviewer: Can you refuse to answer the question? If you refuse, what do you say, and what’s the consequence?

Shannon: You can refuse to answer questions because you have a right to not incriminate yourself. If you feel like the more you speak the more the more you might give the officer evidence to use against you, just hand the officer the license and registration.

You’re not allowed to withhold identification in that stop, but hand them the information and you can shake your head yes or no. You don’t have to say anything.

You can still respond and be compliant without verbally saying anything. If they say, “You’re not going to answer my questions?” You can just say, “No.” Shake your head no.

“Do you mind stepping out of the car and taking a field sobriety test?” You can say, “No,” or just shake your head no like you’re not going to.

That refusal can lead to their probable cause. They could develop probable cause to believe that a DUII has occurred. They can use that against you as far as developing what they need to arrest you, but what they need to ARREST you versus what they need to CONVICT you is two different things.

If you think, “I’m in serious trouble. I’ve been down this road before. Diversion’s not available to me. I’m in diversion right now, and here I go, facing my second arrest within a year.”

You know that the consequences are bad and there’s nothing wrong with just being compliant and polite by refusing to take any of the tests and build evidence against you. That’s OK. You don’t have to be put through that.

Shannon I. Wilson, Esq.

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