California DUI FAQ: Can You Talk Your Way Out of a California DUI?

Posted By Thomas V. Wallin || 15-Aug-2011

California DUI In most cases, you will not be able to talk you way out of a California DUI arrest. In fact, you may do more harm than good.

That's because anything you say to the police officer can later be used against you in a subsequent California DUI trial, including whether the officer smelled alcohol on your breath and whether your speech was slurred.

So what should you do?

If the officer suspects that you have been drinking, he or she will often ask, "How much have you had to drink?" It is important to realize that you are under no obligation to volunteer this information. Simply return the question with one of your own. You might ask why he or she is asking you this question or if the officer would like to see your documents.

If the officer asks again and you think you may be over the legal limit, it is best to invoke your right to remain silent. Just say, "I don't wish to answer any questions, thank you."

If you are arrested, it is also advisable to keep silent on your way to the police station. Again, anything you say can again be used against you in court. Yelling or crying at this point will not change the fact that you are facing a California DUI arrest. Instead, you should exercise your right to speak with an attorney.

If you or someone you love has been arrested for drunk driving, be sure to consult with an experienced California DUI Defense attorneyas soon as possible.