Was I required to answer the officer questions for DUI? 59 Answers as of July 02, 2013

I was stopped for DUI and the officer asked me questions? Was I required to answer them?

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
I'd recommend you retain a lawyer to help you or you ask the court for legal counsel.You have a right to counsel. Don't be afraid to exercise that right. No, you have constitutional protections against self-incrimination and can always invoke your right to remain silent when a police officer asks you questions.
Answer Applies to: Michigan
Replied: 6/21/2012
Robert Mortland
Robert Mortland | Law Office of Robert Mortland
You are not required to submit to the field sobriety tests but you are required to submit to a chemical test.
Answer Applies to: California
Replied: 3/26/2012
The Short Law Group, P.C.
The Short Law Group, P.C. | Shawn Kollie
An individual is always able to invoke their Fifth Amendment right against self-incrimination and refuse to answer questions asked by the police. Additionally this right is not to be used against you. However, once an officer stops you for DUI and requests that you perform field sobriety tests, it is likely they have enough evidence to arrest you for a DUI so refusing to answer questions will do little to hep you. Contact a DUI Lawyer with any additional questions.
Answer Applies to: Oregon
Replied: 3/22/2012
Law Office of Michael R. Garber
Law Office of Michael R. Garber | Michael R. Garber
No.
Answer Applies to: Louisiana
Replied: 5/30/2013
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
No, but some questions are just informational and thus shouldn't be of concern, whereas others that get to specifics of the offense need a waiver of your rights before they can be used against you.
Answer Applies to: Kansas
Replied: 3/16/2012
    The Law Firm of David Jolly
    The Law Firm of David Jolly | David Jolly
    You are not required to answer any questions when you are stopped and then investigated for DUI. In fact, the less you say the better. Also, do not agree to do the field sobriety tests (FSTs), the portable breath test (PBT), or answer any further questions at the police station (the DUI arrest report). Be sure you request to speak to an attorney and ask that attorney (likely a public defender) if they advise taking the breath test at the station - be honest with the attorney.
    Answer Applies to: Washington
    Replied: 3/16/2012
    Law Office of Brian K. Wanerman
    Law Office of Brian K. Wanerman | Brian K. Wanerman
    You have to provide proof of identification and answer related questions (e.g. "what's your name?" "where do you live?"etc.). You do not have to answer any other questions.
    Answer Applies to: California
    Replied: 3/15/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    You probably had a right to remain silent and make no statement. Officers are normally careful to testify that the person is not detained or arrested upon these question being asked so that the statement made will not be suppressed at court on account of failure to provide Miranda rights. It is my experience that failure to answer any questions almost always results in an arrest.
    Answer Applies to: Alabama
    Replied: 3/15/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Questions like driver's license, etc.. yes. If you do not answer the other questions about where you were and where you were going to and what you had to drink, no but they will make it hard on you.
    Answer Applies to: Michigan
    Replied: 3/15/2012
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    No. You are only required to take the blood or breath test if and when you are arrested.
    Answer Applies to: California
    Replied: 3/15/2012
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    The 5th and 6th Amendments provide you protections. You have the right to remain silent, and the right to an attorney. However, it is advisable to answer such questions as your name, birthday, and which test you'd prefer to take.
    Answer Applies to: Michigan
    Replied: 3/15/2012
    DeVito & Visconti, PA
    DeVito & Visconti, PA | John E DeVito
    It is hard to believe that you were stopped by the police for an OUI. You may have been stopped for weaving or a marked lanes violation. At that point the police officer may have detected an odor of alcohol on your breath and then began to ask you questions regarding OUI. You did not have to answer any questions and you were not required to perform any field tests. If you do not cooperate the police will usually arrest; if you do cooperate the police usually arrest. The less you say and do, the easier it is to defend.
    Answer Applies to: Massachusetts
    Replied: 3/15/2012
    McClendon Owens Melia McBreen LLP
    McClendon Owens Melia McBreen LLP | Richard L. McBreen III
    No, you have the right to refuse to say anything during any encounter with law enforcement. If you did answer the questions, your attorney may be able to have them thrown out of court. If you did refuse to answer questions, your attorney can give the jury an instruction that they cannot use that fact against you as evidence of your guilt.
    Answer Applies to: Oregon
    Replied: 3/14/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    It depends what he asked you. Were you required to give your name and driver's license? Yes. Were you required to amount how much you drank in the last hour? Probably not.
    Answer Applies to: Georgia
    Replied: 3/14/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    No, you did not have to answer the officer's questions except your name and date of birth, if asked.
    Answer Applies to: Illinois
    Replied: 3/14/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    No.
    Answer Applies to: New York
    Replied: 5/30/2013
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    If stopped by an officer you must answer questions involving ID and where you live. The sixth and fifth amendments give you the right not to answer questions about a volition that you may be responsible for.
    Answer Applies to: California
    Replied: 3/14/2012
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    You have the right to remain silent but it is usually best to answer preliminary questions. Before you do any testing you should attempt to contact an attorney for advice. Remember that refusal to test is a crime so you do not want to refuse the test.
    Answer Applies to: Minnesota
    Replied: 3/14/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    No, you are never required to answer questions, but then they will probably just arrest you. Best to be polite and not say anything about drinking.
    Answer Applies to: Texas
    Replied: 3/14/2012
    Law Office of Michael Morgan, l.L.C.
    Law Office of Michael Morgan, l.L.C. | Michael Morgan
    Generally the answer to your question is "no." There are certain identifying questionssuch as producing your license and registration you are expected to respond to.
    Answer Applies to: Washington
    Replied: 3/14/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    No.
    Answer Applies to: Washington
    Replied: 6/2/2013
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You must provide your license, registration, and insurance card, but you should not answer any other questions. You should ask that all questioning stop until your law is present. The officer will cuff you or try to manipulate you into admitting that you were driving. You must not provide him with evidence that can be used against you at trial, Most people are stupid and they admit drinking which gives the officer probable cause to search the vehicle and arrest you for DWI. They consent to a search and make admissions that hurt their case. The police will lie to you and make threats and promises to get admissions, be one of the few to keep your mouth shut. Fish only get caught when they open their mouth.
    Answer Applies to: New York
    Replied: 3/14/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Absolutely not. You should know from watching TV that "you have the right to remain silent." Regardless of how they threaten you or sweet talk you, that right remains, and it is yours to give up at your own peril.
    Answer Applies to: California
    Replied: 3/14/2012
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    No.
    Answer Applies to: Illinois
    Replied: 5/30/2013
    Law Office of Neal L. Weinstein
    Law Office of Neal L. Weinstein | Neal L. Weinstein
    NO. anything that he asks prior to your arrest are voluntarily including the field sobriety tests. You do not have to take any field sobriety tests either before or after you are arrested. If in custody, he must read you Miranda before questioning. However, if you do not take a breathalyzer test after being arrested, you will lose your license for an additional period of time, face increased jail time if convicted, and must pay a higher fine.
    Answer Applies to: Maine
    Replied: 3/14/2012
    Toivonen Law Office | John Toivonen
    The 5th Amendment to the United States Constition protects citizens against testifying against themselves. You do not have to answer any questions for the police officer. If you are concerned about arrest, you should not answer any questions about you behavior until you speak with a criminal defense attorney. Tell the officer that the 5th Amendment gives you the right to remain silent, and that you are invoking that right. Tell them that the 6th Amendment gives you the right to an attorney, and that you will not answer any questions until after you have spoken with your attorney. Do not give in. Do not trust a police officer when he plays good cop with you by trying to pretend that he is your friend. He is gathering evidence to convict you with, and you should not say anything until after you have spoken with an attorney.
    Answer Applies to: Michigan
    Replied: 3/14/2012
    T.K. Byrne | Timothy K. Byrne
    You can exercise your right to refuse answering law enforcement questions. Should you do this count on being brought to the jaihousel. That is the trade off for not providing evidence against yourself. You can post bond after you have been jailed for about 4 hours or longer.
    Answer Applies to: Mississippi
    Replied: 3/14/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    The only questions that you are required to answer involve identification, proof of insurance and registration of the vehicle. You are not required to answer questions about consumption of alcohol. Generally, the officer will deal with the testing process first, then will read the Miranda Warning. This warning advises you that you have the right to remain silent.
    Answer Applies to: Minnesota
    Replied: 3/14/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    No, except as to your ID. Refusing will be viewed by him as contempt of cop? and foolishness that will likely lead to arrest. It did, didnt it It will also be explained in his report as belligerent and confused attitude. If 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. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, charge reduction, 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 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: 3/14/2012
    The Gorman Law Firm | Scott Gorman
    No, you were not obligated to answer any questions other than basic, background information.
    Answer Applies to: New Jersey
    Replied: 3/14/2012
    Ellman and Ellman PC
    Ellman and Ellman PC | Kevin Ellmann
    No. You are never required to answer questions from Law enforcement other than basic identifying information (and whether or not you consent to a test if express consent is invoked), and the fact that you did not, cannot be used against you at trial.
    Answer Applies to: Colorado
    Replied: 3/14/2012
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    No.
    Answer Applies to: California
    Replied: 5/30/2013
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    You do not have to answer questions asked by the cop, except for one. You must tell the cop what kind of chemical test you choose, blood or breath.
    Answer Applies to: California
    Replied: 3/14/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    No. You were only required to give him your license and vehicle registration (and insurance card if he asked for it). But they don't have to remind you of your right to remain silent until they put the cuffs on.
    Answer Applies to: Georgia
    Replied: 3/14/2012
    Salladay Law Office | Lance Salladay
    As long as the officer is involved in the investigation and you are not under arrest the officer does not need to read you the Miranda rights, but under the US Constitution (5th Amendment) you do not need to answer any question that may have the tendency to incriminate you. However there are criminal charges available for "obstructing and delaying" an officer.
    Answer Applies to: Idaho
    Replied: 3/14/2012
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    No you are never required to do so, but there is no reason to alienate someone who sort of controls your destiny.
    Answer Applies to: Pennsylvania
    Replied: 3/14/2012
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    You are never required to answer any questions other than providing your identifying information. But, if you did not, then you would be arrested. It is a crap shoot on whether or not to answer questions but be aware that you are "stuck" with whatever answers you provide if you are arrested and go to trial.
    Answer Applies to: Texas
    Replied: 3/14/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    No.
    Answer Applies to: New York
    Replied: 5/30/2013
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    In fact You WERE NOT required to answer the officers questions. Under the 5th Ammendment, you have the right to remain silent.
    Answer Applies to: California
    Replied: 3/14/2012
    Furlong & Drewniak PLLC
    Furlong & Drewniak PLLC | Thaddeus Furlong, Esq.
    Depends on what's asked. Here are some samples: Your name? Answer.. Where you coming from? Not required to answer.. Were your drinking tonight? Not required to answer. .How much did you drink tonight? Not required to answer.. Is this your car? Answer. Is this beer in the backseat yours? Not required to answer. I need you to step out of the car? Get out of car carefully, without falling. I want you to perform some tests? Not required. If you don't do the tests here I'll have to arrest you? No answer required. Do you have anything illegal in the car? Not required to answer. Can I search the car? Answer ("no" is good). These are provided as a guide. Only identification questions really need to be answered, nothing else. Don't be bullied. As a former police officer I'm always amazed people let me search their car when they have drugs or contraband in it. You can always refuse to voluntarily agree to let the police search of your person or the car,
    Answer Applies to: Virginia
    Replied: 3/14/2012
    Russman Law
    Russman Law | Ryan Russman
    You are not required to answer any questions when stopped.
    Answer Applies to: New Hampshire
    Replied: 3/14/2012
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    No.
    Answer Applies to: New Jersey
    Replied: 5/30/2013
    Tennison & Soberon-Llort, PL | Christina Soberon-Llort
    No, you do not need to provide answers to the officer's questions beyond providing your driver's license/identifying information. You can explain to the officer that you do not want to answer any questions without an attorney. You do not have to comply with the field sobriety exercises (tests). However, you are required to submit to a sample of your breath for the intoxilyzer machine if you were indeed driving a motor vehicle (see your driver's license, which explains that you consent to the breath test). Failure to comply with the breath test will result in the suspension of your driver's license and can be a separate criminal offense if it's the second time.
    Answer Applies to: Florida
    Replied: 3/14/2012
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    No, you were not. During a roadside detention, they don't have to read you your rights, but it doesn't mean you can't choose to remain silent.
    Answer Applies to: California
    Replied: 3/14/2012
    Law Office of Patrick E. Donovan, PLLC
    Law Office of Patrick E. Donovan, PLLC | Patrick E. Donovan
    NO. You are only required to identify yourself and produce your license when asked. That being said, if you did answer the officer's questions, your rights were not violated, unless you were placed under arrest (or a reasonable equivalent) and the officer did not advise you of your Miranda rights.
    Answer Applies to: New Hampshire
    Replied: 3/14/2012
    Pingelton Law Firm | Dan Pingelton
    No.
    Answer Applies to: Missouri
    Replied: 5/30/2013
    Glass Defense Firm
    Glass Defense Firm | Jason M. Glass
    No. You do not have to answer any questions ask by law enforcement during an investigation of a criminal offense. Generally you must identify yourself if asked and show identification, but beyond that you are required to answer nothing further.
    Answer Applies to: West Virginia
    Replied: 3/14/2012
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    No you are not required to answer the officer's questions except for providing your name, address and date of birth and the name and address of the owner of the vehicle that you are driving if you are asked. Otherwise, you do not have to answer the officer's questions.
    Answer Applies to: New Hampshire
    Replied: 3/14/2012
    Law Offices of Matthew Murillo
    Law Offices of Matthew Murillo | Matthew Murillo
    No, you were not required to answer them.
    Answer Applies to: California
    Replied: 3/14/2012
    Law Office of William L Spern | William Spern
    Yes. Failing to answer might be considered resisting & obstructing. As well, a refusal to blow would result in a 6-month driver's license revocation.
    Answer Applies to: Michigan
    Replied: 3/14/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You were required to identify yourself, display a license and proof of insurance. After that things are not so sharply delineated. You have certain rights to remain silent or refuse to cooperate, however such refusals might or would put you at risk for additional penalties under the law.
    Answer Applies to: Michigan
    Replied: 3/14/2012
    Speaker Law Firm
    Speaker Law Firm | Theodore Speaker
    No.
    Answer Applies to: Georgia
    Replied: 5/30/2013
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    You always have a 5th amendment right to not answer questions.
    Answer Applies to: Nebraska
    Replied: 3/14/2012
    The Law Office of Stephanie M. Arrache
    The Law Office of Stephanie M. Arrache | Stephanie Arrache
    No. You do not have to answer any questions. The only thing you "have" to do is submit to a chemical test AFTER placed under arrest. But prior, you do not have to do any tests, and at all points, you have the right to remain silent.
    Answer Applies to: California
    Replied: 3/14/2012
    Lykins Law | Gerald Lykins
    You must comply with information questions, you could refuse those questions which could be deemed interrogative in nature.
    Answer Applies to: Michigan
    Replied: 3/14/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Yes.
    Answer Applies to: Michigan
    Replied: 5/30/2013
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    When you say are you "required" to answer the questions, the answer is obviously no since the cop can't "make" you answer. However, there are some questions that can be asked without Miranda warnings and some that can't and they have entire law school courses on the difference between what questions fall into which category. The Constitution of the United States says we are not required to self-incriminate. Therefore, before answering any question that would be incriminating, I would request a lawyer.
    Answer Applies to: Massachusetts
    Replied: 3/14/2012
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