People who get pulled over on suspicions of driving under the influence have the right to remain silent. This right means you do not have to answer an officer’s questions. If you do, however, make sure you tell the truth. A lie can expose you to further criminal charges.
1. What are some common scenarios when pulled over for a DUI?
The cops have just pulled you over because they suspect you are driving under the influence. To investigate their suspicion, they begin to ask you a series of questions.
The preliminary questions are designed to identify you. The police ask for your driver’s license, insurance, registration, etc. Although you may be inclined to give a false name, or give any other false or misleading information in an attempt to escape criminal liability, don’t do it!
Often, too, the cops may begin asking you questions about your evening. For example, they may ask where you were drinking, how much you were drinking, when, etc.
Here, you may be tempted to tell the officers that you haven’t had anything to drink (when you actually had a least a couple of beers). As difficult as it may be, resist that temptation!
You have the right to remain silent, so exercise that right. But if for some reason you are compelled to talk, be honest. If you lie, the lie could subject you to further criminal charges.
2. What is the crime of providing false information under VC 31?
Vehicle Code 31 VC is California’s law which makes it a crime for a person to provide an officer with false information. The crime is punishable by:
- up to six months in county jail, and/or
- a maximum $1,000 fine.
Prosecutors can technically charge you with Vehicle Code 31 whenever you knowingly make a false statement to an officer engaged in the performance of his/her duties.
So, please – comply with the officer’s request and provide the appropriate identifying information. And then, politely advise the officer that you wish to remain silent. Your silence can only help you. False statements can come back to haunt you. Please read our article about when you have the right to remain silent in California.
