When you are pulled over for suspicion of driving under the influence of alcohol in New York, you are likely afraid of what could potentially happen to you. As your future flashes before your eyes, you may wonder how you should respond to the police if they ask you whether you’ve been drinking. Depending on how you handle this encounter, a simple traffic stop can lead to very serious consequences. Therefore, it’s important to be prepared as understanding your rights as a driver is crucial to defend yourself and safeguard your future. Please continue reading to learn how you should respond and why connecting with a dedicated Rockland County DUI Attorney is in your best interest.
What Are the Police Looking For During a Traffic Stop?
When you’ve been stopped by the police on suspicion of DUI, the police will look for signs of impairment. It’s important to understand that to place you under arrest for drinking and driving, a police officer needs probable cause. Essentially, it exists when based on the known facts and circumstances, a reasonable person would be warranted in believing that a crime has been committed.
When the officer approaches your vehicle, the questions posed may sound like causal chatting. However, each statement is calculated toward obtaining evidence giving them probable cause to make an arrest or extend their DUI investigation. For instance, they may ask how many drinks you’ve had instead of asking if you have been drinking. You should avoid giving them statements that could be evidence of possible intoxication such as admitting to drinking or you are coming from a bar.
How Should I Respond to the Police When Asked If I’ve Been Drinking?
To avoid an arrest, you should refrain from giving the officer probable cause. You should know how to answer the police officer’s questions as wisely and calmly as possible. Firstly, you should remember that you are protected from self-incrimination. Under the Fifth Amendment of the United States Constitution, you have the right to remain silent. This means you can decline to answer police equations. However, keep in mind that you should either answer truthfully or not at all. Lying to the police can result in serious consequences.
Furthermore, you should be respectful and cooperative when possible. If you come across as rude or uncooperative, they may become suspicious of your behavior and wonder whether you are trying to hide something. Generally, they will ask you to perform a field sobriety test, but you have the right to decline. This is true regardless of whether you admit to alcohol consumption. The same is not true for breathalyzer and blood tests. If you fail to submit to these tests, you will face significant consequences.
At The Law Office of Carl Spector, we are prepared to help you understand your rights and shield you from your charges. Connect with us today to learn how we can fight for you.