Will refusing to answer the officer’s questions lead to a DUI?

Posted November 14th, 2014 by .

Categories: Criminal Defense.

DUI-after-One-DrinkYou had one drink after work today before driving home. However, while on your way home, you are stopped the police. After asking for your license, the officer asks if you had been drinking. Obviously you don’t want to lie to the police, but you don’t want to get in trouble. Is there a right answer to this question?

Of course, the right answer to this question is you shouldn’t be behind the wheel, even if you only had one drink. Although you blood alcohol concentration will be under the .08 limit, you would still feel some effects of the alcohol. There is a decline in your visual functions and your reaction times. If you got into an accident after one drink, you may not respond as well as you would if you were sober.

However, if you do drive after drinking and you are stop by the police, you do have the right to refuse to answer any questions they ask. But don’t stay silent and think that will help. You must tell the officer that you are refusing to speak without your lawyer present.

The same goes for taking a field sobriety test. If asked by the police, you can decline any of tests. The same goes for a blood, breath or urine test. You do have the right to refuse. But realize what may happen if you refuse to take these tests, you may have your license suspended for six months to up to a year.

If you had one drink and are stopped by the police, chances are your blood alcohol concentration is under the legal limit. It may be easier in this case to cooperate with the officer.

If you have been arrested for a DUI or a DWI, you’re going to need an experienced lawyer by your side. For the past 26 years, the Law Offices of Anthony Carbone has successfully handled DUI/DWI cases throughout New Jersey. Contact us today for a free consultation.


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