Can my silence in a DUI case be used against me?
Campbell Whitten: Your Local Bakersfield DUI Team
After being pulled over for suspicion of DUI, it is usually not in your
best interest to launch into a lengthy and detailed conversation with
the police officer. Everything that you say to the arresting officer will
be used to build a case against you for DUI. You certainly have the right
to remain silent during this time, though it is important to be aware
that there are certain laws revolving around your consent to submit to
chemical testing sample which could be compromised by choosing not to
The choice to remain silent during a DUI roadside stop could seem suspicious
but it is not illegal. While the arresting officer is likely to try to
get you to engage in conversation, it is important to know that you do
not have to engage with them. You might not be able to talk your way out
of a DUI but you are likely able to talk yourself into one if you choose
to be too casual or forthright during a roadside stop.
A police officer may ask that you step out of your car so that he or she
can conduct a field sobriety test. If you are over the age of 21, you
have the legal right to refuse such a test. Despite your refusal, an officer
could pursue a warrant which if granted would allow the state to secure
a chemical testing sample from you whether you wish to give one or not.
It is important to remember that the choice to refuse a chemical test results
in a mandatory license suspension, even if you have not had anything to
drink at all. As mentioned previously, if the police are really interested
in securing a chemical sample and there is a lawful reason to pursue one
to build a case against you, they will forcibly take a sample anyway.
Beat Bakersfield DUI Charges, Get A Top Lawyer
At the end of the day, it does not make sense to speak up too much during
a potential DUI Stop and refusing chemical testing is almost always a
terrible idea. If you have any questions about an ongoing case against
you, be sure to
call Campbell Whitten
and get the answers you need today.