Whether you’re pulled over for a traffic violation, suspected of DUI, or approached during a police investigation, what you say to law enforcement can significantly affect your case. Many Californians unintentionally incriminate themselves or escalate situations by saying the wrong thing to police officers.
As a criminal defense attorney who handles DUI and traffic violations across Southern California, I’ve seen cases where a simple misstatement turned a routine stop into a criminal charge. Here are the Top 10 Things You Should Never Say to Law Enforcement in California — and what to do instead.
1. “I Only Had One or Two Drinks.”
This is one of the most common things people say during DUI stops — and one of the most damaging.
Why It’s a Problem:
Even if it’s true, admitting to drinking before driving gives the officer reasonable suspicion to escalate the stop. It can lead to field sobriety tests, a breathalyzer request, or even an arrest. Worse, your admission can be used against you in court.
Why It’s Something You Should Never Say to Law Enforcement:
You’re giving officers probable cause for a DUI investigation. This statement is practically an invitation to be arrested.
What to Do Instead:
Politely decline to answer. You have the right to remain silent. Say, “I prefer not to answer any questions without my attorney present.”
2. “I Know My Rights!” (In an Aggressive Tone)
While knowing your rights is important, how you assert them matters just as much.
Why It’s a Problem:
Saying this in a confrontational tone can be interpreted as combative or uncooperative. This may escalate the situation and potentially lead to charges like obstruction or resisting arrest.
Why You Should Never Say This to Law Enforcement:
It doesn’t help your case and could make things worse. Tone and body language matter just as much as the words you say.
What to Do Instead:
Calmly assert your rights without provoking conflict. Say, “Officer, I would like to remain silent and speak to my attorney.”
3. “I Didn’t Do Anything Wrong!”
This defensive statement may seem harmless, but it can open the door to more questioning or confrontation.
Why It’s a Problem:
It invites the officer to investigate further or find a reason to detain you. It also doesn’t protect you legally — and can come off as suspicious or argumentative.
Why This Is Something You Should Never Say to Law Enforcement:
It often leads to more scrutiny. Even innocent people should avoid trying to argue their case on the street.
What to Do Instead:
Remain polite and neutral. Do not volunteer information or argue your innocence on the street. Save it for your attorney and the courtroom.
4. “I’m Not Sure If I Should Talk to You.”
Hesitation or uncertainty can work against you.
Why It’s a Problem:
Officers may interpret your indecision as nervousness or guilt. Anything you say — even indecisively — can be twisted or used out of context later.
Why You Should Never Say This to Law Enforcement:
It signals confusion and hesitation, which can trigger more questions and deeper investigation.
What to Do Instead:
Be clear and confident. Say, “I’m exercising my right to remain silent and would like to speak to my attorney.”
5. “Do You Know Who I Am?”
Trying to use status or connections with law enforcement can seriously backfire.
Why It’s a Problem:
This can be seen as arrogant or as an attempt to manipulate the situation, which may provoke hostility or closer scrutiny.
Why You Should Never Say This to Law Enforcement:
It will almost always work against you. Officers don’t appreciate perceived entitlement, and it could negatively impact your case.
What to Do Instead:
Stay respectful. Everyone is equal under the law. Let your attorney handle any legal advantages or relationships you may have.
6. “I’m Not Taking Any Tests.”
Refusing field sobriety or chemical tests without understanding the consequences can hurt your case — especially in DUI stops.
Why It’s a Problem:
In California, under the Implied Consent Law, refusing a post-arrest chemical test (breath or blood) can result in an automatic license suspension and additional penalties — even if you’re not convicted of DUI.
Why This Is One of the Things You Should Never Say to Law Enforcement:
Flat-out refusal can lead to enhanced penalties. The context of the refusal matters, and so does how you phrase it.
What to Do Instead:
You can refuse field sobriety tests and preliminary alcohol screening (PAS) tests (if you’re over 21 and not on DUI probation). However, if you’re arrested, you are legally required to submit to a chemical test. Politely comply after arrest and call your lawyer.
7. “Go Ahead and Search My Car – I Have Nothing to Hide.”
Consenting to a search without a warrant or probable cause can strip away your legal defenses.
Why It’s a Problem:
You may unknowingly have something in your car that can be used against you, even if it’s not illegal (e.g., someone else’s prescription meds, open containers, or something resembling drug paraphernalia).
Why You Should Never Say This to Law Enforcement:
You’re giving up your Fourth Amendment rights — possibly forever in that interaction.
What to Do Instead:
Never consent to a search. Say, “I do not consent to any searches.” Be firm but respectful.
8. “I Don’t Want Any Trouble.”
This statement may sound cooperative, but it can actually sound suspicious.
Why It’s a Problem:
It implies you’re worried about being caught doing something wrong. Police may interpret this as an admission of guilt or use it to justify further questioning.
Why This Is Something You Should Never Say to Law Enforcement:
It’s vague and passive — and easily twisted. It doesn’t help, and it can hurt.
What to Do Instead:
Silence is not suspicion. Simply say, “I’d like to remain silent” and let your attorney speak for you.
9. Lying to Law Enforcement
Even if you think the truth might get you in trouble, lying is far worse.
Why It’s a Problem:
In California, lying to law enforcement (especially about your identity or involvement in a crime) can result in additional charges, such as providing false information to a peace officer (PC 148.9).
Why You Should Never Say Anything Untruthful to Law Enforcement:
It immediately undermines your credibility and can lead to criminal charges even if the original issue wasn’t serious.
What to Do Instead:
You have a constitutional right to remain silent. Use it. Don’t lie — just decline to speak without legal counsel.
10. “Can’t You Just Let Me Go?”
Pleading for leniency or trying to make a deal with an officer on the spot is a big mistake.
Why It’s a Problem:
This may be seen as an admission of guilt. It also gives officers leverage if they think you’re willing to “cut a deal” to avoid consequences.
Why This Is Something You Should Never Say to Law Enforcement:
You’re giving them an edge, implying you’re guilty and desperate.
What to Do Instead:
Remain calm and quiet. If you’re being detained or arrested, ask, “Am I free to go?” If the answer is no, stop talking and wait for your attorney.
Final Advice: Silence Isn’t a Crime — But Talking Can Be
In California, you are only legally required to provide your name and identification during a lawful stop. You are not obligated to answer any additional questions — especially those related to potential criminal activity or DUI. That’s what your attorney is for.
Police officers are trained to observe, record, and recall everything you say — and even a seemingly harmless comment can become key evidence in court. Knowing what you should never say to law enforcement is one of the most effective ways to protect your legal rights during any police interaction.
Why You Should Always Watch What You Say
Anything you say can be written down, recorded, or remembered — and later used against you. That’s why one of the smartest decisions you can make after being stopped, questioned, or arrested is to remain silent and consult an experienced criminal defense attorney.
Need Legal Help? Contact Southwest Legal Today.
If you’ve been pulled over, cited, or arrested in California — especially for DUI, traffic violations, or any criminal offense — don’t try to face it alone.
At Southwest Legal, we specialize in aggressive, results-driven defense for clients facing criminal charges and traffic-related cases throughout California. Our experienced attorneys know how to protect your rights, challenge questionable police procedures, and fight for the best possible outcome.
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