Invoking Your Rights During a Stop Can Make All the Difference
There are few experiences that induce as much stress and fear as the sight of flashing red lights in your rearview mirror. While motorists have powerful rights that provide protection from overzealous police officers, California jails and prisons are overflowing with people locked up primarily because they failed to invoke their right to remain silent and right to an attorney. Although you are required to provide your driver’s license, vehicle registration, and proof of insurance if you are stopped while driving, you do not need to answer questions about your activities, including the use of drugs or alcohol. The best way to maximize your chance of avoiding a driving under the influence (DUI) conviction is to clearly and immediately assert your right to have an attorney present before talking to the police.
Most drivers are pulled over because the officer witnesses a traffic violation or sees a driver engage in so-called erratic driving behavior that constitute what is referred to as “indicia of intoxication.” These maneuvers include such conduct as wide turns, drifting, weaving, braking erratically, stopping inappropriately, driving too slow, turning abruptly, and similar type of driving. The officer will typically ask questions during the stop about whether you have consumed alcohol, ingested drugs, and/or your activities.
Although it can be intimidating to decline to answer these questions when confronted with an armed officer towering over you with the power of arrest, you should provide the required documents and decline to answer other questions without speaking to an attorney. One way to gracefully refuse to answer such questions is to politely indicate you are uncomfortable answering questions without legal advice. Although the officer will not let you call a lawyer and may arrest you, you will have avoided providing information and evidence that will be used against you to file possible charges.
The officer will attempt to engage a stopped driver in a roadside discussion with two objectives. The first is to obtain incriminating answers that can be used as evidence supporting probable cause for a DUI arrest and as evidence against a driver during a DUI prosecution. Damaging admissions will be used to justify initiating a DUI investigation and arrest as well as by the prosecutor at trial. Although some motorists believe cooperation will reduce their chances of going to jail, their chances of talking their way into a DUI conviction are much higher than talking their way out of an arrest. The officer is not interested in discovering “the truth,” his goal is to obtain evidence of DUI.
The second objective of the questions asked by the officer after pulling over a vehicle is to observe the driver’s demeanor and appearance. The officer will note alleged signs of intoxication, such as bloodshot eyes, slurred speech, diminished coordination, and the odor of alcohol on the motorist’s breath. These signs will also be used to justify a DUI arrest and as evidence during a DUI criminal prosecution. The very act of talking can provide incriminating evidence regardless of what is said.
Experienced San Diego DUI Attorney Ashby Sorensen often must seek a legal basis to suppress incriminating statements, but the best practice is simply not to risk speaking with the police. Even when invoking your rights, you should try to talk as little as necessary to communicate your intent. Whether you have been stopped in your vehicle, on the street, or in your home, you should assert your rights.
If you have been arrested, San Diego Criminal Defense Attorney Ashby Sorensen is committed to defending the reputation and liberty of his clients. The Law Office of Ashby Sorensen is devoted exclusively to representing individuals charged with criminal offenses ranging from serious driving offenses like DUI to the most serious felonies like murder. Call Ashby today at (858) 999-6921 to schedule a free consultation.
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