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.
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
Under DC law, you are required to give three things when an officer requests them:
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.
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. |
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.
Staying respectful during a DUI stop is important. Here is how you can protect your rights without creating tension:
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.
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.
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.
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.
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.