What do I do if police want to question me before a DUI arrest?Recently on our forum a user asked, I was stopped for DUI last night after I had a few drinks at a bar close to my house. They asked me a lot of questions before and after I was arrested. I felt intimidated and probably said more than I should have said. I was wondering whether or not I am required to talk to the police before my DUI arrest? If you have been stopped and arrested for driving under the influence (DUI) you have every right to be concerned. Although thousands of drivers are arrested each year and many think this is not a serious charge, every state has passed severe penalties and high fines for DUI. The good news is that drivers do not have to be intimidated by the police. In fact, whether or not you have been arrested for DUI, you do have rights. Understanding these rights, however, is critical to protecting yourself before and after a DUI arrest.
Rights before a DUI arrestYou asked what you should do if you are stopped but not arrested for DUI. First, its important to understand the police are not allowed to legally stop you unless there is probable cause (exceptions may exist for sobriety checkpoints but thats another issue). Unfortunately, however, the reasons you can be stopped do not have to be related to a DUI. For example, the police can stop you for a broken taillight. And if they stop you for any reason and gather evidence that you are intoxicated, then they can arrest you for DUI. So what should you do if you have been stopped but not arrested for DUI?
- Determine what information you are required to provide to the police.
- Do not argue, drive away, resist arrest or resist the arrest of another person.
- Do not talk without a lawyer present.