Defending Your Rights With Tenacious Representation

Do you have to answer police questions during a traffic stop?

If a police officer has reasonable suspicion that you are driving under the influence of alcohol or drugs, they’ll likely pull you over. If they stop you, one of the first things they will do is ask you questions. The thing you may be unsure of is whether or not you are obligated to answer their questions.

You do need to identify yourself if the police ask for your name, and give them your address if they ask for that, too. You’ll need to show your driver’s license and vehicle registration. Other than that, there is no legal obligation for you to answer anything else they might ask.

It’s rarely in your best interests to answer

The officer who stops you cannot arrest you on suspicion of driving impaired alone. So they will use questions to try and elicit answers that could back up their suspicion. For example, they may ask, “Have you been drinking?” If you were to answer yes, it gives them more reason for requesting you to perform a test, whether a breath test or field tests like walking in a straight line or following their pen or flashlight with your eyes.

Your best option is to tell them you will not be answering any questions, or to put it another way, that you are exercising your right to remain silent. Doing that reduces the chance you say something that they could use against you. It’s important to inform them of what you’re doing rather than simply sitting there silently.

If you find yourself facing a drunk driving or other charge after a traffic stop, it’s wise to get legal guidance to help you protect your rights.