Client statements to police frequently limit the defenses that we can use. A response of “I had 2 beers 2 hours ago” eliminates the “rising blood alcohol” defense. Even what you ate and when you ate it will be used by an expert at trial to calculate your BAC at the time you were driving. Something as simple as “I haven’t had anything to drink” will result the DA standing in front of the jury saying, “He was lying then and he is lying now!” The only way to maximize your options is to shut up and say nothing. If the officer says that silence is going to hurt you, they are lying. They wouldn’t talk or do sobriety tests if they were in your shoes. Don’t be pressured by the police.
