Do you have to answer police questions in drunk driving? 60 Answers as of June 10, 2011

Do you have to answer police questions in drunk driving?

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The Law Office of Kevin O'Grady
The Law Office of Kevin O'Grady | Kevin O'Grady
You have the right to refuse to answer questions from a police officer. If an officer asks you if you have been drinking or how much you have had to drink you need not answer.
Answer Applies to: Hawaii
Replied: 6/10/2011
LynchLaw
LynchLaw | Michael Thomas Lynch
No. Police will often press motorist for answers to questions such as: Do you know why I stopped you? Where are you coming from? Have you been drinking? They are hoping you will answer questions which will make it easier to convict you. Your best answer is the question: Am I free to go? Assuming they detain you and not let you go, the next and possibly the last answer is: I wish to speak to my attorney. At that point they are not allowed to press you for answers. Now, don't confuse answering questions with being polite. Respectfully decline to answer. At that point they might just ask you to perform tasks rather than answer questions. If asked for license you should provide it, or face additional charges. If asked to submit to chemical testing, provide tests or be prepared to have DMV suspend your license. Hope this helps.
Answer Applies to: California
Replied: 6/9/2011
Howard W. Collins, Attorney at Law
Howard W. Collins, Attorney at Law | Howard W. Collins
In Oregon: You have the right to remain silent at all times.
Answer Applies to: Oregon
Replied: 6/8/2011
Deal & Hooks, LLC
Deal & Hooks, LLC | Shawn P. Hooks
You are obligated to give your personal information when a police officer asks and show the officer your driver's license, proof of insurance and registration. You are not obligated to answer anything more than this in a traffic stop. If you decide not to answer any questions you should clearly invoke your desire that you not answer any questions outside the presence of your attorney.
Answer Applies to: Ohio
Replied: 6/8/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
If you mean are you legally obligated to answer police questions after custodial arrest the answer is no. It is one of your Miranda rights ( based on a 1966 case with name of Miranda ) that you can remain silent. Other rights are that you have a right to have an attorney present at questioning ( if you choose to answer questions ) and if you cannot afford one and you are financially qualified you can get a court appointed attorney, if you choose to talk with or without an attorney present, anything you say can be used against you in court. Also even in court you are not obligated to say anything ( you can stand mute to the charge ) or to testify or to present a case in defense of the charges.It is then up to the prosecutor to prove the charges beyond a reasonable doubt.
Answer Applies to: New York
Replied: 6/8/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    No. You are required to produce your drivers license. The Fifth Amendment protects you from answering questions. Now they can still arrest you, and require you to take a breath test or you are subject to a 90 day administrative suspension if you refuse, which is best if you have had two or more beers in less than approximately four hours. Stay well.
    Answer Applies to: Alabama
    Replied: 6/8/2011
    Cornish, Crowley, Rockafellow, & Sartz, PLLC
    Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
    Speaking generally, an arrested person or person subject to an investigation has a right to invoke their right to remain silent. A person should be polite about it. However, what a person says or does can and will be potentially used against them if they are ever ultimately charged. Police have a right to ask for certain documents like a driver's license. Police officers are allowed to ask questions. However, an arrested person or a person subject to an investigation never has to verbally answer questions from police officers and they certainly do not have to provide the police with a written statement. In addition to your right to remain silent, among other rights, you also have a right to an attorney if they take you into custody and wish to interrogate you.
    Answer Applies to: Michigan
    Replied: 6/7/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    You are entitled to exercise the 5th Amendment right to SHUT UP and do NOT talk to anyone except an attorney about the case. That includes on this or any other web site or public forum. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation. All you are ever required to do is identify yourself and provide ID. However, lack of proper cooperation with an officer, whether in a traffic or DUI stop, simply ensures you get arrested anyway. It is a Hobbesian Choice for you. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. Keep in mind a little free advice: When you are arrested for DUI, whether alcohol or drugs, then upon release from jail or booking you were given documents that included 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 hearing and present any supporting evidence and testimony. If you don't know how to do these things, then hire an attorney that does. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.
    Answer Applies to: California
    Replied: 6/7/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    You do not have to answer any questions posed while under arrest for any crime. You can claim your rights to avoid self incrimination and tell the officers you want to speak to an attorney before being subjected to questioning.
    Answer Applies to: Kansas
    Replied: 6/7/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    No, you never have to answer police questions in any type of case. You shouldn't either. When they tell you that you have a right to remain silent, that's usually good advice. Listen to that advice!
    Answer Applies to: Oregon
    Replied: 6/7/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    You have no obligation to answer questions by police officers. You are always entitled to ask that a lawyer be present before speaking to police.
    Answer Applies to: Louisiana
    Replied: 6/8/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    No. You have the right to remain silent. Use it.
    Answer Applies to: Washington
    Replied: 6/7/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    No one ever is required to talk to the police. You can politely decline to talk and / or tell them you won't talk to them until your lawyer is present with you.
    Answer Applies to: Colorado
    Replied: 6/7/2011
    The English Law Firm
    The English Law Firm | Robert English
    You do not have to respond to questions. It is called the right to remain silent.
    Answer Applies to: California
    Replied: 6/7/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    One of your constitutional rights is the right to remain silent. You do not have to answer police questions. However, there are penalties for refusing to take a PBT or a chemical breath test.
    Answer Applies to: Michigan
    Replied: 6/7/2011
    Law Offices of Carl Spector
    Law Offices of Carl Spector | Carl Spector
    One of the fundamental rights of every individual is the right to remain silent.
    Answer Applies to: New York
    Replied: 6/7/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    You never have to answer a cop's question. U.S. Const. freedom of speech includes right to not say anything, and 5th amend.
    Answer Applies to: California
    Replied: 6/7/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    No, you have the absolute right to remain silent at all times. However, if you do answer the police, make sure you don't lie to them. It's better to remain silent than to lie. Speak to a defense attorney if you want further details. Good luck.
    Answer Applies to: New York
    Replied: 6/7/2011
    Dearbonn Law Offices
    Dearbonn Law Offices | Ajibola Oluyemisi Oladapo
    If you are arrested, in custody and it is clear that you are not free to leave, the officer must read you your Miranda warnings and in which case you may invoke your right to counsel or waive it. However, if you are not under arrest and the officer is asking you routine questions, then you have a duty to answer.
    Answer Applies to: Washington
    Replied: 6/7/2011
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    You never have to answer police questions, other than simply giving them your identifying information (i.e. you have to give them your name).
    Answer Applies to: Missouri
    Replied: 6/7/2011
    Law Office of Michael Moody
    Law Office of Michael Moody | Michael Moody
    Any defendant always has the right to remain silent under the 5th Amendment of the U.S. Constitution regardless of what the charge is.
    Answer Applies to: Georgia
    Replied: 6/6/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    You do not have to answer questions by the police, except your name and date of birth.
    Answer Applies to: Illinois
    Replied: 6/7/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If you are stopped by the police or asked to answer any questions you should ask to speak to your attorney. If you do not have an attorney one will be appointed for you. You have to tell the police your name, address, and provide them with your license, registration, and insurance card. You do not have to answer any of their questions. You should never admit that you were drinking or say "I just had one beer". You should not drive drunk or have drugs in the car. Most arrests occur on the street or in cars, especially at night. You should have the card of a good attorney in your wallet. Really good criminal attorneys have their cell phone numbers on their cards and will answer their phone 24 hours a day. I have the only law office in New York State that is open 24 hours a day, 7 days a year. I am open on Christmas and on all legal holidays because people get arrested and have problems and emergencies all hours of the day or night. Feel free to call me for a free consultation any time.
    Answer Applies to: New York
    Replied: 6/7/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    No. You always have the right to remain silent. Doing so is not always the best move depending on the questions and your answers! You may not be questioned, beyond asking for your DL & registration, about a potential crime until you are read your rights (Mirandized).
    Answer Applies to: Washington
    Replied: 6/7/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    You do not have to answer police officer's questions in a drunk driving detention and sometimes it is best not to. However, do not lie or be cute in the answers you provide. You are under obligation to produce a driver's license and to identify yourself. Always be respectful to an arresting police officer.
    Answer Applies to: Alabama
    Replied: 6/7/2011
    Law Offices of Scott G. Hilderman
    Law Offices of Scott G. Hilderman | Scott G. Hilderman
    NO, the only thing you need to do is provide your driver's license, insurance card, and registration. Otherwise you may remain mute.
    Answer Applies to: Montana
    Replied: 6/7/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    What exactly do you mean by police questioning? If arrested or detained, you may have to provide them with identification and tell them who you are, but beyond that you are never required to answer police questions. You cannot be forced to answer police questions. Remember, you do have the right to remain silent.
    Answer Applies to: Michigan
    Replied: 6/6/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    No. You have a right under the Constitution to remain silent and, except for extremely limited circumstances, you would be wise to exercise that right when being investigated.
    Answer Applies to: Minnesota
    Replied: 6/7/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    In any situation, you never have to answer questions from a police officer. But be warned, here may be consequences concerning your treatment by the police. (I also understand that in Federal Cases, the sentencing guidelines can be affected by non-cooperation) In short, you do not have to answer questions. When in custody, Miranda has to be given, and you have a 5th amendment right protecting you from self-incrimination I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 6/7/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    You do not have to answer the officers questions when pulled over for a DUI. Unless you are on probation, and it is a term of your probation, you do not have to do the field sobriety tests or submit to the initial Preliminary Alcohol Screening test. If you do not do a breath test at the station or blood test when asked by the officer, they can add a "refusal" enhancement to the charges.
    Answer Applies to: California
    Replied: 6/7/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Ever heard of the right to remain silent? Do it!
    Answer Applies to: California
    Replied: 6/7/2011
    Law Office of Maureen Furlong Baldwin
    Law Office of Maureen Furlong Baldwin | Maureen Furlong Baldwin
    A person has an absolute right not to incriminate himself. That means you do not have to answer questions when you are being questioned by police.
    Answer Applies to: California
    Replied: 6/7/2011
    Mercado & Hartung
    Mercado & Hartung | Stephanie Hartung
    I am not sure which questions you are referring to, however, a person does have the right to remain silent upon arrest. Typically an Officer will ask a DUI subject a series of questions while waiting for the observation period to be complete (waiting to give the breath test) and the subject has the right to refuse to answer those questions.
    Answer Applies to: Washington
    Replied: 6/7/2011
    Law Offices of John J. Ferry, Jr.
    Law Offices of John J. Ferry, Jr. | John J. Ferry, Jr.
    You always have a constitutional right to remain silent, other than providing identification. (Responding to a request for identification is not considered "testimony".) However, you should keep in mind that most states have an implied consent law where they will automatically suspend your drivers license if you refuse to submit to a breathalyzer, blood test, or field sobriety test.
    Answer Applies to: Pennsylvania
    Replied: 6/7/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    The simple answer to your question is, NO, you do NOT have to answer police questions. However, you should use your common sense about when or whether to talk with the police or anyone else. You should also consult with a criminal lawyer about any criminal case. Good luck!
    Answer Applies to: Georgia
    Replied: 6/7/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    No you don't but they can take your blood alcohol level through various means.
    Answer Applies to: Pennsylvania
    Replied: 6/7/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    No but you do have to provide your drivers license, registration an proof of insurance. Also you can refuse to give a breath, blood or urine sample but then your license WILL be suspended for longer often then if you get convicted and they can get a warrant to force a blood draw.
    Answer Applies to: Michigan
    Replied: 6/7/2011
    Fitzpatrick, Mariano, & Santos, PC
    Fitzpatrick, Mariano, & Santos, PC | Raymond J. Savoy
    You do not have to answer police questions in any circumstance the 5th Amendment gives you the right to remain silent.
    Answer Applies to: Connecticut
    Replied: 6/6/2011
    Alanna D. Coopersmith, Attorney at Law
    Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
    In California...You do not have to answer the questions. You do not have to take the PAS (the portable breathalyzer). You do have to submit to a blood or breath chemical test if requested by the officer, because, if you don't, DMV will suspend your license for 1 year.
    Answer Applies to: California
    Replied: 6/6/2011
    The Law Offices of Greg Gray
    The Law Offices of Greg Gray | Greg Gray
    You never have to answer questions, other than giving them information regarding your identification.
    Answer Applies to: Texas
    Replied: 6/6/2011
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    You have the Constitutional right to remain silent when questioned by law authorities. Anything you say can and will be used against you in court. Just because you exercise your right to remain silent does not mean there will not be other consequences, but you still have the right. You also have the right to have an attorney present with you when you are questioned, and once you request an attorney, law enforcement cannot ask you any questions (generally).
    Answer Applies to: Colorado
    Replied: 6/6/2011
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    NO! The only thing you have to do is submit to an evidentiary test. Breath, blood or urine! You do not have to do field sobriety tests; answer questions about what you ate, drank, etc. Be cooperative and state that you will submit to an evidentiary test only. Failure to submit to one of these tests will result in a one year license revocation.
    Answer Applies to: California
    Replied: 6/6/2011
    San Diego DUI Law Center
    San Diego DUI Law Center | Rick Mueller
    No. No. You do not. Politely refuse.
    Answer Applies to: California
    Replied: 6/6/2011
    The Law Offices of Gabriel Dorman
    The Law Offices of Gabriel Dorman | Gabriel Dorman
    Absolutely not. Beyond providing the police with your license and registration you do not have to answer any of their DUI investigative questions. There is no penalty for refusing to do so and you should refuse to answer the questions. Politely tell the police that you do not want to answer any of these questions without first speaking to an attorney. Remember, the key is to be polite.
    Answer Applies to: California
    Replied: 6/6/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    You do not, but that could give rise to an arrest.
    Answer Applies to: Michigan
    Replied: 6/6/2011
    Eric M. Mark, Attorney at Law
    Eric M. Mark, Attorney at Law | Eric Mark
    You must answer questions about your pedigree information, but you do not have to answer questions that could be incriminating. Of course, not answering at all may lead to other difficulties.
    Answer Applies to: New Jersey
    Replied: 6/6/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    You never have to answer police questions as you have the right to remain silent.
    Answer Applies to: New York
    Replied: 6/6/2011
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