Do I have to answer whether I was drinking or not? 99 Answers as of June 14, 2013

Do I have to answer whether I was drinking or not? Can I refuse to tell the police anything?

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
I'd recommend you privately consult with an attorney if you need specific legal advice. Any charged with a criminal offense has a right to counsel. If you cannot to retain a lawyer, the court may, depending upon eligibility criteria, appoint you one at the public's expense. You have a constitutional right to remain silent and a right against self-incrimination. You may always politely inform the officer that you are invoking your right to remain silent and not answer their question. Invoking your right to remain silent, depending on the circumstances, may be better choice since what you admit to a police officer may be used against you in a pending criminal charge.
Answer Applies to: Michigan
Replied: 7/20/2012
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
You do have the right to remain silent. You should hire an attorney.
Answer Applies to: New York
Replied: 6/21/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
You do not have to answer anything but you will probably be taken to jail.
Answer Applies to: Michigan
Replied: 6/15/2012
Law office of Robert D. Scott | Robert Scott
You have a 5th Amendment Right not to answer questions which might incriminate you.
Answer Applies to: Maryland
Replied: 6/13/2012
Craig W. Elhart, P.C.
Craig W. Elhart, P.C. | Craig Elhart
You can refuse to answer, but if the officer has enough of a reason to believe you've been drinking (smell of your breath) he can arrest you.
Answer Applies to: Michigan
Replied: 6/12/2012
    Larry K. Dunn & Associates | Larry K. Dunn
    You can refuse to answer any questions except to identify yourself. You are not required to answer any questions which may be incriminating.
    Answer Applies to: Nevada
    Replied: 6/12/2012
    The Short Law Group, P.C.
    The Short Law Group, P.C. | Shawn Kollie
    You can assert your Fifth Amendment Constitutional right against self-incrimination at any time. This includes questions or Standardized Field Sobriety Tests, or any type of questioning. Talk with a DUI Lawyer in your area as to how a refusing to answer questions may help bolster your case, or provide some beneficial aspects to your case if it goes to trial.
    Answer Applies to: Oregon
    Replied: 6/12/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    You can refuse to answer an officer's questions. You will almost certainly be taken to jail.
    Answer Applies to: Alabama
    Replied: 6/11/2012
    Clinton Law Office | Michael Clinton
    If you have been drinking, you should never lie. That said, you are not required to incriminate yourself. Just tell the officer you don't want to talk about stuff like that.
    Answer Applies to: Washington
    Replied: 6/11/2012
    Rudolph A. Serra, Attorney
    Rudolph A. Serra, Attorney | Rudolph A. Serra
    You have a right to remain silent. You are not required to answer any questions. If a police officer asks you if you murdered Jimmy Hoffa you are under no more obligation to reply than of they ask you if you have been drinking tonight.
    Answer Applies to: Michigan
    Replied: 6/11/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    You do not speak to the police except to give them your name and address and other like information. You do not admit to anything and after giving them the personal information, all you are allowed to say is: I want to speak with my attorney.
    Answer Applies to: Florida
    Replied: 6/11/2012
    Law Office of Neal L. Weinstein
    Law Office of Neal L. Weinstein | Neal L. Weinstein
    Big no. You don't have to answer.
    Answer Applies to: Maine
    Replied: 6/11/2012
    Hamblin Law Office | Sally Hamblin
    No. If you do not, though, tests can be done to make that determination. Be careful not to act out where a charge like disorderly, resisting, etc. can occur.
    Answer Applies to: Michigan
    Replied: 6/8/2012
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    You can refuse to do anything but the alcohol testing once you have been read the implied consent advisory. After that it will be considered refusal to submit to testing which is an aggravating circumstance in MN law and you would be charged with a gross misdemeanor.
    Answer Applies to: Minnesota
    Replied: 6/8/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    You do not have to answer any question asked by a cop or similar.
    Answer Applies to: California
    Replied: 6/8/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Yes. You can refuse.
    Answer Applies to: New York
    Replied: 6/8/2012
    Law Office of Ronald G. Draper | Ronald G. Draper
    Generally , speaking you are required to identify yourself, produce a valid drivers license,current valid insurance for the vehicle and it's current registration. Beyond that you should say nothing
    Answer Applies to: Illinois
    Replied: 6/7/2012
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    Yes - Thanks to the 5th Amendment - you do not have to answer any questions by police officers.
    Answer Applies to: New York
    Replied: 6/7/2012
    Law Offices of Eric J. Bell | Eric J. Bell
    Yes - you can refuse to answer any questions.
    Answer Applies to: Illinois
    Replied: 6/7/2012
    Russman Law
    Russman Law | Ryan Russman
    You are not required to admit to drinking.
    Answer Applies to: New Hampshire
    Replied: 6/7/2012
    Michael Maltby, Attorney at Law
    Michael Maltby, Attorney at Law | Michael Maltby
    You have the right to remain silent. You do not have to answer any questions. I would not get an attitude, but just respectfully decline to answer any more than basis questions as to your identity. Just tell the officer you need to speak to a lawyer before answering questions.
    Answer Applies to: Washington
    Replied: 6/7/2012
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    You do not have to answer questions regarding whether you drank or what you had to drink. Do not lie.
    Answer Applies to: Hawaii
    Replied: 6/7/2012
    Reza Athari & Associates, PLLC | Seth L. Reszko
    You have the right not to say anything to the police and the right to remain silent in court and your silence cannot be held against you in a court of law. The police can still stop you, require that you undergo field sobriety testing and then either a blood or alcohol test to determine your alcohol level. If you have been arrested and need an attorney, this office provides free consultations and walk-in appointments are welcome.
    Answer Applies to: Nevada
    Replied: 6/7/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    You do not have to answer the question, but should say I want to talk with my attorney first.
    Answer Applies to: Michigan
    Replied: 6/7/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If you are stopped by the police on the street you do not have to talk to them or answer any questions. You have the right to remain silent and walk away. If you are stopped in a vehicle you must show your license, registration, insurance, and tell him if you have changed your name or address. You should not answer any other questions like, "Where are you going?" "Have you been drinking?" Have you ever been arrested before?" "Where are you coming from?" . You do not need to do a portable alcosensor test, you can refuse to do field sobriety tests, you can ask to speak to a lawyer but you better be smart enough to have 5 lawyers in your wallet with their office and phone numbers or you will not reach one. Criminals are mostly ignorant, selfish, cheap, and lazy. They are scared and easily manipulated. The police get them to waive a lawyer, sign a confession, and take all the bargaining power away from the public defender or retained lawyer who not has no choice but to beg for a good plea deal as the DA has plenty of proof with a full signed confession in his file. Half of people make admissions and confessions because they are unsophisticated and they do not know how to handle difficult situations. The minute the cops put the handcuffs on they are crying like babies and will tell the cops anything hey need to know to get some imaginary "benefit" that has been promised or because they are afraid of the threats the cops will make.
    Answer Applies to: New York
    Replied: 6/7/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    No, it's your Fifth Amendment Right. You can refuse to speak to anyone anytime. No one can make you talk, I guess without torture.
    Answer Applies to: Texas
    Replied: 6/7/2012
    Connell-Savela
    Connell-Savela | Jason Savela
    You can refuse to answer any questions you must give license registration and insurance if arrested and asked to take a test, then you must choose between blood, breath or refusal
    Answer Applies to: Colorado
    Replied: 6/7/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    You do not have to give answers to police questions. If they believe they have enough to make an arrest or charge, they will do it whether or not you give them information. Your statements can be used against you.
    Answer Applies to: Kansas
    Replied: 6/7/2012
    Attorney at Law | Steven E. Ferguson
    You have a right to remain silent and may provide only your identity and driver's license while declining to answer questions about the possible DUI charges.
    Answer Applies to: Oklahoma
    Replied: 6/7/2012
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    You can remain silent. Tell the cops you'll answer any questions with your attorney present. The cops won't like it but who cares!
    Answer Applies to: Michigan
    Replied: 6/7/2012
    Law Office of Michael E. Dailey
    Law Office of Michael E. Dailey | Michael E. Dailey
    You may certainly decline to answer any questions about drinking but that does not mean the officer can not request a breathalyzer or other chemical test or even proceed directly to an arrest. The declaration of silence also does not mean they must stop asking questions. The only way to trigger an end to questioning is to demand your lawyer. If you make statements during the initial stop, that is prior to actual arrest, you may not yet be reminded of your rights to have counsel or remain silent and the damage will already be done. I suggest making contact with an attorney in your area at your convenience to establish a relationship now and get general advice that might prepare you in advance for such events. No one plans to get stopped and having some advance knowledge can save a whole lot of agony. Of course the best decision is simply not to get behind the wheel of a car after drinking!
    Answer Applies to: Missouri
    Replied: 6/7/2012
    Myles Hahn III Attorney at Law | Myles Hahn III
    You have the right to remain silent. If you refuse to answer a question, the officer will just make a determination of whether you are drunk or not, based on what he sees.
    Answer Applies to: Illinois
    Replied: 6/7/2012
    Vargas Law Office LLC | Ronnie Ismael Vargas
    You can refuse, but the law enforcement agent will likely take that as you hiding something and they can press on their investigation of a possible DUI violation even further by having you submit to field sobreity tests as well as a possible breathalyzer test.
    Answer Applies to: Wisconsin
    Replied: 6/7/2012
    Cannabis Counsel, PLC | Julia A. Gilbert
    Yes, you can refuse to talk to the police. In fact, you should not answer questions or admit anything. Do not sign anything or allow a search. Law enforcement can lie to you. You should immediately demand a lawyer.
    Answer Applies to: Michigan
    Replied: 6/7/2012
    Mesiti Law | Benjamin Mesiti
    No, you have the right to remain silent and you do not have answer any questions that may incriminate you.
    Answer Applies to: Rhode Island
    Replied: 6/7/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    You never have to answer questions by a police office. Normally, you always have a right to remain silent.
    Answer Applies to: Nebraska
    Replied: 6/7/2012
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    You have a Fifth Amendment right not to say anything that may incriminate yourself. This applies whenever you talk with the police. This holds true even if the officer has not read you your rights. This does not apply to non-incriminating answers to questions such as verifying your ID.
    Answer Applies to: California
    Replied: 6/7/2012
    Law Office of Gregory Crain | Gregory Crain
    No you do not. You have the right to remain silent.
    Answer Applies to: Arkansas
    Replied: 6/7/2012
    Dungan, Lady, Kirkpatrick & Dungan PLLC | Michael Dungan
    When stopped for OWI, you have no obligation to speak with the police, other than to identify yourself.
    Answer Applies to: Michigan
    Replied: 6/7/2012
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    You do not have to answer whether or not you were drinking. In most cases, the reason for the question may follow other clues, like smell of alcohol or open intox. In other cases not. However, if you start out lying to the police, you may find that as the investigation goes on, you will be treated more harshly by the police.
    Answer Applies to: Michigan
    Replied: 6/7/2012
    Pingelton Law Firm | Dan Pingelton
    No. You don't have to tell the police anything. And you shouldn't
    Answer Applies to: Missouri
    Replied: 6/7/2012
    Salladay Law Office | Lance Salladay
    Yes you can refuse to speak to the police- you do not have to answer any questions.
    Answer Applies to: Idaho
    Replied: 6/7/2012
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    Yes you can, but often if they observe evidence of DUI, they may arrest you.
    Answer Applies to: Colorado
    Replied: 6/7/2012
    Clos, Russell & Wirth, P.C. | Gary A. Russell
    Obviously giving false information to a police officer can lead to a separate criminal charge. However, you can decline to answer an officer's question about if you have been drinking. Whether or not that creates reasonable or probable cause to believe that you may have committed a crime (drunk driving), supporting further questions and/or tests by the officer is a question of fact to be determined by the circumstances.
    Answer Applies to: Michigan
    Replied: 6/7/2012
    Law Offices of Mark A. Berg
    Law Offices of Mark A. Berg | David G Cohen
    You have a right to remain silent and cannot be compelled to answer any questions. "Am I under arrest or free to go?" is all you need to remember.
    Answer Applies to: California
    Replied: 6/7/2012
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    You do NOT have to tell police if you have been drinking if you are asked after being stopped or detained.
    Answer Applies to: Texas
    Replied: 6/7/2012
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    You do not have to answer the officer's questions regarding your consumption of any alcoholic beverages. However you are required to provide certain information such as your name, driver's license number, etc in order for the officer to identify you. Most of that information can be ascertained from your license and or registration.
    Answer Applies to: New Hampshire
    Replied: 6/7/2012
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    Yes you can respectfully refuse to answer any of their questions.
    Answer Applies to: Tennessee
    Replied: 6/7/2012
    Robert Valles and Associates P.C.
    Robert Valles and Associates P.C. | Robert Valles Jr.
    You do not have to answer any questions.
    Answer Applies to: Texas
    Replied: 6/7/2012
    Law Office of William L Spern | William Spern
    You do not have to answer an officers questions that would be an admission against your interest, i.e. where you had been drinking when you had been stopped while driving. You should answer the officers questions as to identification, licensing and insurance.
    Answer Applies to: Michigan
    Replied: 6/7/2012
    Glass Defense Firm
    Glass Defense Firm | Jason M. Glass
    You have a constitutional right to remian silent.
    Answer Applies to: West Virginia
    Replied: 6/7/2012
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Not only CAN YOU but you should NEVER answer any of their questions. Demand to see an attorney. Do it in a nice friendly way but insist you cannot discuss anything until your attorney tells you to.
    Answer Applies to: California
    Replied: 6/7/2012
    Randall M. England, Attorney at Law
    Randall M. England, Attorney at Law | Randall M. England
    You do not have to answer their questions about the case. The police will not be surprised. In fact, If you are arrested, the police will give you the exact same advice. This advice (called Miranda warnings) must be given before they can question you. If this happens to you, YOU SHOULD LISTEN CAREFULLY, for you are about to receive the best advice a police officer will ever give you. Officer Friendly will probably read from a card and give you these 5 warnings: 1. You have the right to remain silent. 2. Anything you say can and will be used against you in court. 3. You have the right to talk to a lawyer and have him present with you during questioning. 4. If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning if you wish. 5. You can decide at any time to exercise these rights and not answer any questions or make any statements. After these warnings, they will usually ask Do you wish to talk to us now? The answer to that question should be: *No, I want to talk to a lawyer*. This is perfectly OK. See WARNING NUMBER 1, above. The reason you should not answer any questions is noted in WARNING NUMBER 2, which reads: Anything you say can and will be used against you in a court of law. (Did I say this was good advice or what). Until you have a chance to talk to your lawyer, do not answer questions (or say anything to anyone) about your case. Period.
    Answer Applies to: Missouri
    Replied: 6/7/2012
    Universal Law Group, Inc. | Francis John Cowhig
    No, you do not have to tell the police whether or not you were drinking, nor do you have to submit to a field sobriety test. However, you must submit to either a breath test at a police station or a blood test at a hospital or clinic, if requested by the police. You must also provide them with your identification (driver's license) and proof of insurance.
    Answer Applies to: California
    Replied: 6/7/2012
    Alvin Lundgren | Alvin Lundgren
    You can refuse to answer any questions from the police until you have an attorney present.
    Answer Applies to: Utah
    Replied: 6/7/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    You don't have to answer any questions. You don't have to show them your license. You don't have to tell them your name. Just be ready for the DUI, obstruction, failure to provide license charges to be put on you AFTER you are arrested.
    Answer Applies to: Georgia
    Replied: 6/7/2012
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    You always have the right to remain silent. That is a Constitutional guarantee.
    Answer Applies to: Washington
    Replied: 6/7/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    The police, when they pull you over, are not your friends. See an attorney for a full discussion of your rights and duties and the possible ramifications of exercising them.
    Answer Applies to: Michigan
    Replied: 6/7/2012
    Law Firm of Martin & Wallentine
    Law Firm of Martin & Wallentine | Jerry Lee Wallentine Jr.
    After you provide your name and basic information, you can tell the officer that you do not wish to answer any further questions.
    Answer Applies to: Kansas
    Replied: 6/7/2012
    Nichols Law Firm
    Nichols Law Firm | Michael J. Nichols
    You may refuse all questions.
    Answer Applies to: Michigan
    Replied: 6/7/2012
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    Yes you can and should refuse to answer any questions. You must provide driver's license and registration. You should not submit to field sobriety tests or answer any questions.
    Answer Applies to: New Hampshire
    Replied: 6/7/2012
    Law Office of Michael Morgan, l.L.C.
    Law Office of Michael Morgan, l.L.C. | Michael Morgan
    You not only do not have such questions you should not answer those questions.
    Answer Applies to: Washington
    Replied: 6/7/2012
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    You are not required to answer any questions put to you by an officer nor do you have to undergo any field sobriety tests.
    Answer Applies to: Minnesota
    Replied: 6/7/2012
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    You can exercise your right to remain silent. However, under DUI law, because driving is a privilege and not a right, your refusal to take the field sobriety tests or take a breath test can be used against you.
    Answer Applies to: Florida
    Replied: 6/7/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    There is no requirement that you answer the question as to whether you have been drinking. You may refuse.
    Answer Applies to: Minnesota
    Replied: 6/7/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Absolutely. You have the right to remain silent, and you should exercise your right. Cops are trained to threaten and scare you into talking. Don't fall for it.
    Answer Applies to: California
    Replied: 6/7/2012
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    You do not have to say anything, or admit to drinking.
    Answer Applies to: Illinois
    Replied: 6/7/2012
    Arneson and Geffen
    Arneson and Geffen | Mark Arneson
    Absolutely. The police are conducting a search. You are not required to assist them in their search against you. Best answer is to simply tell them that you wish to consult with an attorney and not answer any questions.
    Answer Applies to: Minnesota
    Replied: 6/7/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    No you do not have to answer any questions on a motor vehicle stop.
    Answer Applies to: New York
    Replied: 6/7/2012
    Law Office of Jared C. Winter
    Law Office of Jared C. Winter | Jared C. Winter
    You can absolutely refuse to tell the police anything. That's your Fifth Amendment right. In fact, that's exactly what you should do. It is extremely rare for a person's statements to the police to end up helping their case. You're always better off remaining silent.
    Answer Applies to: California
    Replied: 6/7/2012
    William L. Welch, III Attorney | William L. Welch, III
    No.
    Answer Applies to: Maryland
    Replied: 6/14/2013
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    No, you don't have to answer any questions. You do have to produce your driver's license and registration when asked, though.
    Answer Applies to: Georgia
    Replied: 6/7/2012
    Anthony Urie, PLLC
    Anthony Urie, PLLC | Anthony Urie
    You need not not answer any question to the police. However, if you wish to retain your driving privileges you are required to give a breathalyzer (the breathalyzer in the police station only).
    Answer Applies to: Washington
    Replied: 6/7/2012
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    Yes, you can. I would be polite about it, but tell the officer that you do not consent to answering questions.
    Answer Applies to: Utah
    Replied: 6/7/2012
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    You have the right to remain silent.
    Answer Applies to: Georgia
    Replied: 6/7/2012
    Law Offices of Steven R. Decker
    Law Offices of Steven R. Decker | Steven Decker
    You never have to talk to a police officer. However, if you do talk , and you lie, then you can be charged with obstruction. Therefore, say nothing except: " I want a lawyer".
    Answer Applies to: Illinois
    Replied: 6/7/2012
    Expert Bronx Criminal Lawyers
    Expert Bronx Criminal Lawyers | Alexander Sanchez
    You are never required to speak with the police. If a police officer asks if you had been drinking you have the right to remain silent, just like anyone else that is the subject of a criminal investigation. If you do decide to answer the officer's question any answer you give may be used against you in a dwi prosecution. Advice: remain silent unless you had not been drinking at all.
    Answer Applies to: New York
    Replied: 6/7/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    You must provide ID when requested, but you may exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except an attorney. I can help you fight the criminal charges and get the best outcome possible. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. Effective plea-bargaining, using those defenses, could possibly reduce the potential time and other penalties you face. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate. A little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things effectively, then hire an attorney that does.
    Answer Applies to: California
    Replied: 6/7/2012
    Ryan Berman, Esq | Ryan Berman
    You can refuse to answer questions, as you don't have to tell them anything. It may not look good for you, but you always have that right.
    Answer Applies to: Michigan
    Replied: 6/7/2012
    Northwest Defense Team, PLLC
    Northwest Defense Team, PLLC | Amanda Kunzi
    A person under investigation for DUI has no obligation to disclose whether or not they have been drinking. Additionally, the Field Sobriety Tests (FSTs) and Portable Breath Test (PBT) offered at the scene of a DUI investigation are voluntary and do not need to be completed. Generally, it is advisable to politely refuse to take these tests at the scene as they only allow the officer to gather more evidence against the suspected drunk driver. Once at the police station, officers in Washington will generally ask a series of questions about where the driver was that evening, whether they were drinking, etc. These questions are also voluntary and should generally not be answered. Finally, persons under arrest for drunk driving will be offered an official breath test once at the police station. While this test is also optional, there are significant consequences for refusing to take this test. If under arrest for suspected DUI, always ask to speak to an attorney before submitting to any breath test. Officers are required to either allow you to call your attorney, or put you in touch with an attorney if you request one during the arrest process. Remember to remain calm and polite if under investigation for DUI and speak with an experienced DUI attorney as soon as possible.
    Answer Applies to: Washington
    Replied: 6/7/2012
    Border Law Firm
    Border Law Firm | Teresa Lynn Border
    You may choose to invoke your right to remain silent and request an attorney.
    Answer Applies to: Washington
    Replied: 6/7/2012
    Steven Alpers | Steven Alpers
    You do have a right to remain silent but if you are too assertive they will arrest you for other charges. They are allowed to ask preliminary questions to determine if you should be arrested and given an alcohol test. Not answering the questions may be counter-productive. They may say you are belligerant and that shows you are under the influence. You must give them name address, show license and registration.
    Answer Applies to: California
    Replied: 6/7/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Of course, you have a Constitutional right to remain silent, regarding any questioning by the police. Just give the officer your license and proof of insurance, name and address, that is all you need to do.
    Answer Applies to: Illinois
    Replied: 6/7/2012
    San Diego DUI Law Center
    San Diego DUI Law Center | Rick Mueller
    No.
    Answer Applies to: California
    Replied: 6/14/2013
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    You do not have to answer any questions by the officer. The only thing you need to do is submit to a breath test. If you refuse, which you do have the right to do, you will loose your driving privileges for a minimum of one year.... even if you are found "not guilty" of the DUI. You should really consult with an attorney in your area regarding DUIs. These are really complicated and complex cases. There is a lot at stake.
    Answer Applies to: Washington
    Replied: 6/7/2012
    Pearson, Butler, & Carson, PLLC
    Pearson, Butler, & Carson, PLLC | Matthew R. Kober
    You are required to give certain information like your name and identifying information, etc. However, you are not required to answer anything else. The 5th amendment protects against self incrimination and therefore you would be incriminating yourself by answering yes. Reality is if you say "i'm not answering any other questions" the officer is probably going to get suspicious and give you breath and field tests.
    Answer Applies to: Utah
    Replied: 6/7/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    You can decline to answer any question you want to. It can be hard to do though.
    Answer Applies to: Colorado
    Replied: 6/7/2012
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    You have the right to remain silent as long as you are not on probation or parole with a term that states you have to answer police investigation questions.
    Answer Applies to: California
    Replied: 6/7/2012
    Bruce Plesser | Bruce Plesser
    Yes.
    Answer Applies to: Florida
    Replied: 6/14/2013
    The Smalley Law Firm, LLC | Cary Smalley
    You have the right to remain silent.
    Answer Applies to: Kansas
    Replied: 6/7/2012
    Aaron Black Law
    Aaron Black Law | Aaron Black
    Never answer this question. You have a 5th Amendment right to remain silent. Use it!
    Answer Applies to: Arizona
    Replied: 6/7/2012
    Gregory C. Graf
    Gregory C. Graf | Gregory C. Graf
    You can refuse to answer.
    Answer Applies to: Colorado
    Replied: 6/7/2012
    Michael S. Edwards, Attorney at Law, PLLC | Mike Edwards
    Yes, you can refuse. Then they usually arrest you for not cooperating with their investigation. But then, at least you haven't given them evidence to use against you. Good luck!
    Answer Applies to: Utah
    Replied: 6/7/2012
    Law Office of Christopher G Humphrey PC | Christopher G Humphrey
    You may remain silent as to anything that may be incriminating according to the 5th Amendment to the United States Constitution. At a minimum, you are instructed by the 10th Circuit to provide your name and address or identification.
    Answer Applies to: Wyoming
    Replied: 6/7/2012
    Grantland, Blodgett, Shaw & Abel
    Grantland, Blodgett, Shaw & Abel | Gregory M. Abel
    Yes, you, like all persons in this country, have the right to remain silent. What few have is the ability to remain silent and as a result, 80% of all criminal cases are closed by the defendant's own statements.
    Answer Applies to: Oregon
    Replied: 6/7/2012
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    You can refuse to answer any question. The police cannot MAKE you do anything. However, they can arrest you. They can ask you that and a few other "threshold" questions prior to giving you your Miranda rights. Your name, where you are coming from and going to as well as if and how much you had to drink are all admissible questions without Miranda warnings. GET l LAWYER.
    Answer Applies to: Massachusetts
    Replied: 6/7/2012
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