Experienced Criminal Defense Attorney Dedicated To Protecting Your Rights
Photo of New York City

3 things you should never say during a DWI traffic stop

On Behalf of | Jan 17, 2023 | DWI

During a DWI traffic stop, your nerves and anxiety will likely be raised, which may increase your chances of saying something you’ll later regret. Especially if there’s something you say that leads to a DWI charge.

While there’s nothing you can say that can guarantee you won’t be charged with a DWI, there are some things you can say that may promise you a criminal conviction. It’s important to understand what you shouldn’t say during a DWI traffic stop. Here’s what you should know:

1. “I only drank a little.”

Officers frequently ask drivers suspected of drunk driving if they have in fact been drinking. The police only ask this on the off chance that a driver admits to drinking. One of the fastest ways to get a DWI charge is admitting that you’ve been drinking. 

Under the Fifth Amendment, you don’t have to tell police anything about what you’ve been doing, that includes drinking. It’s the police’s job to determine if a driver has been drinking too much to drive.

2. “It’s been hours since I drank.”

Likewise, admitting you were drinking, but it was much earlier in the day may not prove useful during a traffic stop. Alcohol lingers in the body long after it’s been consumed – the more alcohol you drink, the longer it stays. If you’re asked to take a breath test, your system may still have trace amounts of alcohol, enough to charge you with a DWI.

3. “I’ve driven while drunk before.”

It’s never good to admit you were drinking, but it may be far worse to admit that this isn’t your first time drunk driving. When appearing in court, admitting to drunk driving in the past may only worsen a sentence. You may need to understand your legal options when building a defense against a DWI charge.