Driving while under the influence of alcohol or drugs is illegal for good reason: It’s dangerous. Alcohol and drugs can impair your judgment and reaction times, often resulting in accidents. For this reason, police and highway patrol officers are always on the lookout for drivers who might be under the influence. If you get pulled over and arrested, you could be in very big trouble, and you must be careful about how you act and what you say. If you’re not, you could destroy any hope you had of winning your case in court.
Agree now and lose your right to challenge
If an officer arrests you for acting drunk or high, he or she might ask to search your car. If you agree to let the officer do that, you will not be able to challenge anything about the search should you wind up in court. Anything the officer finds or smells can be used against you. You won’t be able to claim that the officer had any malicious intent, either.
Another problem you face if you talk to the police is that your remarks could be incriminating. You might insist to the police that you were just going home from seeing friends at a bar, but that make you seem even more guilty. You might not have mentioned anything about how much you did or didn’t drink, but that’s not going to matter now. If the officer thought you were showing signs of intoxication, and you mentioned you were at a bar, the officer is not going to brush off that remark, and it could be used against you in court.
Differences in perception
Even worse, if you really are drunk or high, you might think you’re saying one thing and acting calmly, but in reality you could be saying something and acting in a way that is much more belligerent than you realize. The officer can take that as a threat and as further proof that you are too drunk or high to safely operate a vehicle, and you could be charged for more than just a DUI. For example, the officer could add charges such as resisting arrest and non-cooperation.
Offhand remarks and misinterpretation
Along with perceiving your actions incorrectly and giving away too much detail, you could start a storm of misinterpretation if you say anything to the officer. Saying anything about where you’ve been, what you were doing or what you were going to do could be misinterpreted as anything from planning to drink more to planning to sell drugs that you had on you, and so on.
If you’ve been arrested for DUI in San Antonio, you need to get expert legal representation before you say anything. Stay quiet and contact an experienced DUI attorney before making your next move.