If you are ever confronted by the police as a suspect, remember two rules: First, don’t lie. Don’t say anything to the police that is not true. Second, don’t incriminate yourself. Don’t say anything that admits a fact that could cause you to get in trouble. Here’s how this advice plays out in the context of a DUI. If you have been drinking and get pulled over driving a vehicle, the police will ask questions about your drinking. An officer will likely tell you he can smell the odor of an intoxicating beverage and ask how much you have had to drink.

The answer is simple and can be stated in a number of ways. Invoke your Fifth Amendment right to remain silent. This can be done by simply stating, “I plead the Fifth.” Alternately, you can state, “I do not want to answer any questions.” When you invoke your right to remain silent, your silence cannot be used against you in court. This means that the officer is not permitted to testify even that he asked the question, let alone that you refused to answer it.

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