Should A Person Refrain From Answering A Police Officer’s Questions?

Yes, because this would be similar to making Facebook posts or something like that. The police should at least tell the person that anything they say can and will be used against them in a court of law, so if an officer asked questions, the person would need not to answer. They would not be required to answer them, and they could be directed to their attorney if they wanted to speak to an attorney. The police can ask for an interview but the person should not talk to the officers for any reason because absolutely no good can come of it, and by then it would already be too late. They would not be able to just take the charge away and the person would not be able to convince them to do that anyway. They would be charged with a DUI if they had not been already, so they need to talk just to their attorney and let them know what was going on.

Are Police Officers Allowed To Lie To People For This Information?

No, they are not allowed to lie, although they are allowed to leave out information. They could make it seem as though the person has to talk to them and that they are obligated to take the field sobriety tests, whereas they actually are not. The police do this for a living, they do it night after night and they know how to get the person out of the car and how to get them to walk in a line, so that the person will do it without the officer having to say they had to do it, because if they said that, then that evidence would be thrown out.

Although they are not allowed to tell someone to do something when they don’t really have to do it, they can conveniently omit that part and not tell the person that they really do not have to take field sobriety tests, and make it seem as if they do. This is something they are really good at, and they use it to get a lot of convictions because people try to be cooperative. They try to go along with the police officer and do what they want, because they think it will help them in the long run. It is never a good idea to be rude or mean to anybody in any situation, so the person would not have to be rude to the police officer, but they can politely decline to answer questions. The person can just apologize and say they do not want to talk anymore until they have an attorney present. It would be same for taking the field sobriety tests or giving any kind of information – all they would have to do is politely decline.

What Are Some Things The Person Might Be Asked?

It would be pretty uncommon for a conversation to take place between an officer and a defendant after the fact. It would be possible for an officer to call and ask questions, but that would not happen for a DUI, because it is just not be something they do. They will ask questions after making an arrest, but the defendant needs to make sure not to answer any of those questions. This is helpful advice for anyone who has already been arrested, because the same advice would apply if the police asked pointblank if the person was drinking; in that case, a lot of times, people say they just had a beer, which would really not help their case. It would give the police probable cause and suspicion to make an arrest if the person did actually just have a beer, so that would be something they should not say. They might ask if the person was driving, so that if the answer was yes that would counter the argument that the police could not place the person in the driver seat actually driving the car, which would be an element of the crime and something they would have to prove in order to make a conviction. They might ask where the person was, how many drinks they had, who they were with, what they were doing and anything else they can to get any information that might hurt the person in the case. The best idea would be not to answer any of those questions at all.

For more information on Police Questioning, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (801) 441-2013 today.

Get your questions answered - call me for your free, 20 min phone consultation (801) 200-3795
Get Help Now