It is wise to do what you can to make a traffic stop go smoothly. Be polite to the police officer. Don’t escalate the situation. Follow their instructions and provide them with the information they need. For instance, give the officer your registration, insurance papers and driver’s license.
However, this is all you are obligated to do. An officer may very well start asking you other questions, such as “How much have you had to drink today?” or “Do you know why I pulled you over?”
Your right to remain silent means you do not have to answer these questions. You may opt not to say anything, or you may tell the officer you want to talk to your lawyer. Some people will give vague answers – “Not sure why you pulled me over” – and this can work, but you don’t even have a legal obligation to go this far.
Why do the officers ask?
If you don’t have to answer questions, why would the officer ask them? It’s because you can voluntarily provide information to the officer. And that information can be used in court if you decide to answer.
For instance, maybe you had a beer with lunch and you admit it to the officer. You think that the officer will appreciate your honesty and let you go with a warning. But what actually happens is that the officer arrests you and says in court that you freely admitted to drinking before driving.
The law protects you from answering these questions specifically because the police can never force you to incriminate yourself.
Are you facing charges?
You could be arrested on drunk driving charges, whether you answer the questions or not. If so, take the time to carefully look into your legal defense options.