I was in a car this weekend and my friend was pulled over by the police. He had like two drinks at a party and that was it. When the police came up to the car he asked my friend a series of questions like do you know why you were pulled over? And have you had anything to drink tonight? My friend tried to go along and be polite so he answered the questions. His answers were "no" and "two drinks." Long story short he got taken in for OUI. My question is whether the law in Massachusetts requires people who are pulled over by the cops to answer questions? Thanks.
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Questioned by police officer during traffic stop
Under Massachusetts law, the driver of a vehicle is required to to produce a license and registration in order to allow the police to confirm his identity, among other things. Beyond that, the driver is free to assert his constitutional right to remain silent. Accordingly, your friend did not have to say anything. The police are free to arrest your friend, assuming they have probable cause to do so, but at least he will not have made any incriminating statements that can be used against him by the state.
You did not mention the disposition of the matter, but your friend certainly did not help his case by admitting he had two drinks. For some people, depending on the drinks in question, two drinks is enough for an OUI conviction. (Some people believe they can beat a breathalyzer if they only have two drinks. That is not necessarily true.) Bottom line: Don't try to be nice to the police or try to talk your way out of a situation. Be polite, but when in doubt say nothing. Hope that helps.
OUI Stop- Answering questions
In Massachusetts, if you are pulled over by the police, you are required to produce your license and registration. You do not have to answer any other questions. If you have been drinking, you should not answer questions about how much, when, where, or with whom you were drinking. Politely decline to answer questions. Additionally, there is no benefit to performing field sobriety tests. You do not have to perform them, and there is no penalty if you refuse. The police are trained to look for very specific cues of impairment during the course of their investigation that you are not even aware of, and you won't have any way of knowing that they are taking note of such cues. The less you give them, the better. Without probable cause that you are operating under the influence of alcohol, they have to let you go on your way. If the officer believes that you are operating under the influence, and decides to arrest you, then without any statements, field sobriety tests, or a breath test result (see my website www.massduidefenselawyer.com for more info on that), chances are that the prosecution will have a very difficult time proving beyond a reasonable doubt that you are guilty, in which case you are entitled to a finding of "Not Guilty."