▶ Watch: What You Say Can Shape Your Case — Choose Your Words Carefully
In the stress of a police encounter, most people feel an urge to explain themselves. It feels natural — and it is almost always a mistake. Everything you say is recorded and can be used to build the case against you, and casual explanations have a way of turning into the State's best evidence.
You are not required to answer questions about where you were, what you did, or what you had to drink. The Fifth Amendment gives you the right to remain silent, and invoking it cannot be used against you. Be polite, provide your identification, and then respectfully decline to answer questions until you have a lawyer.
The goal is not to be difficult — it is to avoid handing the State admissions it would otherwise have to prove. If you are being questioned or investigated, the smartest words you can say are, "I'd like to speak with a lawyer."
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