Silence Is The Best Option When Suspected Of OVI

Posted on: 20 June 2023


When the police pull over an individual, it is natural for the person to want to defend themselves. However, their attempt to work in their defense rarely works in their favor. Instead, they end up giving the officer information that they will later use against them. This scenario is especially true when it comes to operating a vehicle impaired, or OVI, charge. Learn why silence is always the best practice when pulled over for this suspected charge by reading below.

The "Only Had a Few" Claim

In an effort to defend themselves, some people find it best to explain to the officer that they are not intoxicated by giving the officer a play-by-play of their activities. This practice often involves a claim to the officer that they only had one or maybe 2-3 drinks. 

The goal of this exchange is to let the officer know that while they have been drinking, there is no way they are intoxicated. However, on the side of the officer, this is never the perception. In short, these statements only serve as proof that you have been drinking, proof that will be used against you. 

Keep in mind that an individual is not required to provide the officer with this information. So, even if you only had one cocktail and know you are not impaired, it is best to keep it to yourself. Instead, wait and provide this information to your attorney. 

Defiance as a Defense

Another strategy people sometimes use is defiance. After all, if a person is innocent, they do not feel like they have to oblige to a process that they are not guilty of. However, being vocally defiant can work against someone in this scenario. 

Failing to follow the officers' instructions, such as providing your license, will not serve in your favor and will only add additional charges. Additionally, failing to submit to the officers' testing requirements can backfire. 

For example, while an individual can deny a request to perform a field sobriety test, they cannot refuse a request for a breathalyzer test. An attempt to do so will almost always result in an arrest and an easier pathway to convict the person on the charge. Follow all legally required steps, and let your attorney handle the rest.

Again, less is more when it comes to a potential arrest and charge. It is best to wait and speak with an OVI defense lawyer who will handle the communication process for you.