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News & Insights

Know Your Rights – Part 10: What to Say After a DUI Arrest in DC

January 5, 2026


By Criminal Defense Attorney Chris Mutimer

What to Say and What Not to Say After a DUI Arrest in Washington DC

Getting arrested for DUI is overwhelming. One moment you are dealing with flashing lights and questions, and the next you are in handcuffs wondering what happens now. Many people who call our office say the same thing: “I panicked and didn’t know what to say.” That reaction is completely human. But what you say after a DUI arrest in Washington DC can have a lasting impact on your case. As criminal defense attorneys, we see good cases weakened not by evidence, but by words spoken in stressful moments.

The goal after an arrest is not to convince the police you are innocent. The goal is to protect yourself so your lawyer has the strongest possible defense later.

Why Talking After a DUI Arrest Can Hurt Your Case

After a DUI or DWI arrest, officers continue gathering evidence. This does not stop once you are handcuffed. Everything you say may be recorded on body cameras, dash cameras, or written into police reports. Even casual comments can be interpreted in ways that hurt you. Statements meant to explain can sound like admissions. Jokes can look like evasiveness. Frustration can be described as aggression. Even if you are sober, officers may still believe impairment is present. That belief, once documented, is difficult to undo.

As a DUI attorney in Washington DC, I often explain this to clients who are scared after a DUI arrest DC and trying to make sense of what went wrong. Silence is not an admission of guilt. Silence is a strategic decision that protects your future.

The Two Sentences That Matter Most

There are two statements that every person should know after a DUI arrest. The first is: “I want to remain silent.” The second is: “I’d like to speak with a lawyer.” That is it. These words clearly invoke your constitutional rights and signal that questioning must stop. You do not need to justify your choice. You do not need to explain why. Once you say these phrases calmly and respectfully, officers should cease interrogation.

Using your rights is not being difficult. It is being smart.

Many people worry that asking for a lawyer makes them look guilty. In reality, it does the opposite. Courts recognize this as a protected right, and experienced officers expect it. What raises red flags are inconsistent or rambling explanations given under stress.

What Not to Do After a DUI Arrest

One of the most common mistakes people make is trying to talk their way out of the arrest. They explain how little they drank, how tired they are, or how unfair the stop feels. Unfortunately, these explanations often give prosecutors more material to work with. Officers can and will use your words in court. Even statements like “I’m fine to drive” or “I only had two drinks” can be framed as evidence of impairment or poor judgment.

Another mistake is arguing with officers. The roadside and the station are not the places to debate your innocence. Those arguments rarely change the outcome and often make the situation worse. Staying calm and quiet preserves your credibility and keeps the focus on the legal process where it belongs.

How Silence Helps Your Lawyer Later

The less you say after a DUI arrest, the more options your lawyer has. A Washington DC DUI attorney can challenge the legality of the stop, the administration of tests, the reliability of equipment, and whether your rights were respected. When there are fewer statements attributed to you, the prosecution has fewer pieces of evidence to rely on. Silence gives your defense room to breathe.

As the best DUI lawyer Washington DC clients rely on, our role is to examine every step of the process. But that work is far more effective when a client has not unknowingly filled gaps in the government’s case.

What Happens Immediately After a DUI Arrest

After arrest, you will typically be transported to a police station or processing facility. Officers may continue to ask questions during transport or while booking you. This is where many people slip up. The same rules apply. You do not have to answer questions beyond basic identifying information. You can repeat that you wish to remain silent and that you want a lawyer. Calm repetition is enough.

Situation Best Response
Officer asks about drinking “I want to remain silent.”
Officer asks for explanation “I’d like to speak with a lawyer.”
Officer keeps questioning Repeat your request calmly

First Time DUI: Why This Stage Is Critical

If this is your first arrest, it is normal to feel shocked and confused. Many first time DUI what to do searches come from people who simply did not expect to be in this situation. The good news is that a first offense does not define you. But early decisions matter. What you say immediately after arrest can affect license consequences, admissibility of evidence, and the strength of your defense.

Criminal defense attorneys focus not only on what the government has, but also on what it does not have. Silence ensures that your case is decided on facts and law, not on words spoken under pressure.

What Comes Next at the Station

In the next video and article, we will walk through what happens at the station after a DUI arrest. This includes chemical testing, phone calls, booking procedures, and common traps people fall into without realizing it. Understanding this process ahead of time can reduce fear and help you stay grounded during a stressful experience.

Key Takeaways

  • Everything you say after a DUI arrest can be recorded or written down.
  • You have the right to remain silent and request a lawyer.
  • Trying to explain or argue often hurts more than it helps.
  • Silence gives your DUI lawyer more defense options.
  • First time DUI arrests are stressful, but early choices matter.
  • Next, we will explain your rights at the station.

Frequently Asked Questions

Do I have to answer police questions after a DUI arrest?

No. You have the constitutional right to remain silent beyond providing basic identifying information. Source: ACLU Know Your Rights

Will staying silent make me look guilty?

No. Invoking your rights cannot legally be used against you in court.

Should I explain if I am sober?

No. Explanations can be misinterpreted and used as evidence.

When should I ask for a lawyer?

As soon as possible after arrest and before answering questions.

Can police keep questioning me after I ask for a lawyer?

They should stop interrogation once you clearly request counsel.

Sources

  • ACLU: Know Your Rights
  • DC Code Title 23: Criminal Procedure
  • DC DMV DUI Information

Talk With a Washington DC DUI Attorney Who Will Protect You

If you or someone you care about has been arrested for DUI, you do not have to navigate the next steps alone. At Monument Legal, our Washington DC DUI lawyers and criminal defense attorneys focus on protecting your rights, your record, and your future. We believe in clarity, honesty, and support during stressful moments. Reach out when you are ready. There is a path forward.

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