Should I Answer Police Questions During a DUI Stop?
If you have been stopped by a police officer for a DUI, you do not have to answer all of their questions. Besides confirming your identity and providing license, registration, and insurance information, you can decline to answer specific questions regarding your whereabouts. The more information you provide, the more information the police officer will have to incriminate you. If you or a family member is facing allegations of a DUI, now is the time to reach out to our Nashville DUI attorneys.
Refrain from Answering Self-Incriminating Questions
In Tennessee, you are required to pull over if the police vehicle has flashing lights and/or sirens. You must provide the police officer with your driver’s license, registration, and auto insurance. Beyond that, you do not need to tell the officer where you have come from and where you are going. For instance, if you tell the officer that you were just at your friend’s house for a party, they may ask if you have had any drinks. While you do not need to provide supplemental information, you should be respectful. If you choose not to answer the officer’s questions, you may be asked to perform field sobriety tests.
You Must Comply with Blood Alcohol Testing
Although you can refrain from answering self-incriminating questions, the same does not apply to blood alcohol content (BAC) testing. Tennessee Code defines a blood alcohol content (BAC) of 0.08% or greater to be driving under the influence (DUI). Under Tennessee’s implied consent law, you must provide a blood or breath sample upon request by a police officer. If you refuse to consent to testing, your license will be automatically suspended for one year.
However, this law only applies if the police officer has probable cause to believe that you are intoxicated or following a lawful arrest. Probable cause for a DUI may be established if you were weaving between lanes, speeding, or driving erratically. While your driving can certainly suggest if you are under the influence of alcohol and/or drugs, police officers also gauge cognitive awareness when speaking to you. If you become easily confused or slur your words, this can also establish probable cause.
Do I Have to Answer Questions After a DUI Arrest?
Once you are arrested, the police will read you your Miranda rights. Miranda rights state that you have the right to remain silent and to request an attorney be present for any questioning. If you do choose to answer questions, your testimony may be used to incriminate you. The Miranda Warning combines your Fifth and Sixth Amendment rights into a few sentences that the police must read aloud. These rights must be read following your arrest, but before you are brought down to the police station for questioning. If you are not informed of your Miranda rights, any testimony or confession you provide to the police must be discarded.
Arrested for a DUI? Reach Out to Our Nashville DUI Lawyers Today
At Andrew C. Beasley, PLLC, our legal team knows the emotional and legal turmoil you are facing following DUI accusations. If you have been arrested for a DUI, our Nashville DUI attorneys are available to provide you with sound legal advice. To arrange a free consultation with one of our legal professionals, contact us online or by calling (615) 846-9889 today.