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News & Insights

Know Your Rights – Part 2: Do You Have to Answer Every Question at a DUI Stop?

November 19, 2025


By Criminal Defense Attorney Chris Mutimer

If you are scared after a DUI arrest in DC or anxious about what happens during a traffic stop, you are not alone. Most people feel pressure to talk when a police officer starts asking questions. However, what you say during a DUI stop can have serious legal consequences. At Monument Legal, we want you to know that you have rights, and one of the most powerful is the right to remain silent. Understanding when you must speak and when you should not can make all the difference in your case.

Why Staying Silent Can Protect You

Many people believe that being cooperative means answering every question. In reality, cooperation means following lawful instructions, not giving police evidence to use against you. When an officer asks, “Have you been drinking tonight?” that is not a casual question. It is designed to collect statements that could help justify a DUI arrest.

Even innocent explanations can be misinterpreted. Saying “I just had one drink with dinner” sounds harmless, but it will likely appear in the police report as an admission. The safest and most respectful response is, “I prefer not to answer any questions.”

“You do not have to explain yourself to prove your innocence. Silence is not guilt; it is protection.” – DC DUI Attorney Chris Mutimer

What You Must Provide During a DUI Stop

Under DC law, you are required to give three things when an officer requests them:

  • Your driver’s license
  • Vehicle registration
  • Proof of insurance

That is it. Beyond these basic documents, you are not required to engage in conversation or answer investigative questions. Anything you say, even small talk, can be noted and used against you later.

Common Questions Police Ask — and How to Respond

To help you understand your rights in context, here is a guide to typical police questions and how you can safely respond.

Common Question Smart, Legal Response
“Have you been drinking tonight?” Say, “I prefer not to answer any questions.” You are not required to incriminate yourself.
“Where are you coming from?” This question helps police build a timeline of possible drinking. Politely decline to answer.
“How much have you had to drink?” Never guess or give a number. Simply say, “I don’t want to answer questions.”
“Will you answer a few questions for my report?” You can decline respectfully. Anything said “for the report” can still be used against you in court.

Why Silence is a Right, Not an Admission

Choosing not to answer questions does not make you look guilty in the eyes of the law. The Fifth Amendment of the U.S. Constitution protects you from being compelled to incriminate yourself. In other words, silence cannot be used as evidence of guilt.

In practice, remaining calm and quiet helps you avoid saying something that can be taken out of context. Police officers are trained to listen for anything that suggests impairment. Even small talk, such as mentioning you are “coming from a restaurant,” can later be written as a statement of drinking behavior.

How to Stay Polite While Protecting Yourself

Staying respectful during a DUI stop is important. Here is how you can protect your rights without creating tension:

  1. Keep your hands visible and remain calm.
  2. Provide your license, registration, and proof of insurance when asked.
  3. Answer politely: “Officer, I prefer not to answer any questions.”
  4. Do not volunteer information, even if you believe it will clear things up.
  5. If arrested, ask immediately for a DUI attorney in Washington DC.

Key Takeaways

  • You are only required to provide your license, registration, and proof of insurance.
  • You have the right to remain silent when asked investigative questions.
  • Anything you say can appear in the police report and be used in court.
  • Silence is a legal protection, not a sign of guilt.
  • If you are arrested, contact a Washington DC DUI lawyer immediately.

FAQ: Answering Questions at a DC DUI Stop

Can police arrest me for refusing to answer questions?

No. In DC, you cannot be arrested simply for refusing to answer questions during a DUI stop. However, if police have other grounds for arrest, such as erratic driving or visible evidence, they may proceed with an arrest under probable cause.

Do I have to tell police where I was before being pulled over?

No. You are not required to disclose where you were or what you were doing. This type of question is investigative, not administrative, and you may politely decline. See DC Code § 50–2206.13 for DUI penalties in DC.

Can staying silent make me look guilty in court?

No. Under the Fifth Amendment, silence cannot legally be used as evidence of guilt. Judges and juries are instructed not to interpret silence as wrongdoing.

What if the officer insists I answer?

You can calmly repeat, “I prefer not to answer any questions.” Avoid confrontation. If the situation escalates, comply physically but remain silent. Your DUI lawyer can later challenge any improper questioning.

Sources

  • DC Code § 50–1903: Operating While Impaired or Intoxicated
  • Right to Remain Silent
  • National Highway Traffic Safety Administration – DUI Enforcement Resources

Ready to Talk to a DC DUI Attorney?

If you are unsure what to say or scared after a DUI arrest in DC, you do not have to face it alone. The sooner you speak with an experienced Washington DC DUI attorney, the better your chances of protecting your rights and your record.

At Monument Legal, we help good people through difficult moments with skill and compassion.

We will review your stop, explain your options, and build the strongest defense possible. Contact our DUI lawyer in Washington DC today to schedule a confidential consultation. Your future is still in your hands, and we are here to help you move forward with confidence and hope.

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1100 H Street, NW, Suite 1010
Washington, DC 20005
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