Do I Have To Answer All The Police Officer’s Questions About My Drinking If I Am Pulled Over?
- You are not obligated to answer any police questions about your drinking (i.e., how many drinks you had tonight, when you had your last drink), and you should not do so, because it can only incriminate you.
The answer is that you do not, and you should not answer all of the police officer’s questions about your drinking if you’re pulled over in Michigan.
The Implied Consent law requires you to hand over your license and registration. It requires you to comply with the police officer’s orders on getting out of the car and taking the field sobriety tests.
However, when the police officer starts asking you questions about things like how many drinks you have had, or where you were drinking, or how long were you drinking, or when you stopped, you should not answer those questions.
Those questions are what are called Custodial Interrogation, which means that you’re detained by that police officer, and you are being asked questions that if answered would tend to incriminate you. In all circumstances, police officers are supposed to give you what are called Miranda Warnings, and they typically do not give them to you and for that reason—i.e., to trick you into a sense of security so you incriminate yourself.
For this reason, you should not answer those questions under any circumstances.
For more information on OWI Law in Michigan, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (248) 509-0056 today.