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Invoking your Constitutional Rights during a California Driving Under the Influence Arrest

We have all heard the phrase “plead the fifth” being employed in numerous scenarios. The meaning is derived from the Fifth Amendment of the United States Constitution. The Fifth amendment protects your right to remain silent, consequently, not say anything that may later incriminate you during trial or otherwise.

When stopped on suspicion of driving under the influence, you always have the right to not say anything self incriminating. Self incriminating can be anything, admissions, confessions, as well as statements, that may be used later in court against you.

It is the officers’ job to search for evidence and build a case against you. They may do this by searching your vehicle and asking you direct questions that may lead to a confession. You are not required to answer any questions besides those identifying you and those related to your vehicle registration and insurance. In the scenario that you are asked questions, it is perfectly legal to politely decline.

If you are not sure of whether you were within your Constitutional rights during a DUI stop, consult a knowledgeable Los Angeles DUI attorney. The Southern California Criminal Defense attorneys at Hoffman and Associates can analyze the facts of your specific case and provide you with an assessment of your options and potential consequences.s