Joliet, Plainfield, and other Will County residents should know how to properly act when stopped by police to protect their own interests. You should not, and need not admit that you are drinking to police officers. Doing this can only hurt your legal interests.
The United States Constitution gives you a right to not incriminate yourself. This means that you have a right to remain silent and not answer police questioning. However, if you volunteer incriminating information to police officers there is no Constitutional protection. Additionally, the fact that you are using this right cannot be used against you in court and does not prove you are guilty. But, anything that you say to a police officer can be used against you.
There are certain things Plainfield, Joliet, Will County or any police officer may do during a traffic stop. However, there are limits, and what you do during a stop may give them more power to investigate and even arrest you. They may pull over your car if they believe that you committed a traffic violation. Once stopped, they may ask for your identification and registration, and you must provide these items. You do not need to respond to any questions by the police and you do not have to consent to a search of your vehicle. Once again, silence and not consenting to a search of your vehicle are not evidence that you are guilty of any crime. However, if you volunteer information to police officers that you were drinking, the officer now has a piece of evidence that can be used to support a belief that you are intoxicated and committing the crime of driving while intoxicated. He now has justification for your arrest and might have justification to search your vehicle.
Joliet, Plainfield, and Will County Police have a duty to investigate and stop crimes to keep our areas safe. You should not attempt to interfere with their duties or obstruct their investigations. However, remember that exercising your Constitutional right to remain silent is not an obstruction of justice. If you have a situation that you would like to discuss with an experienced Will County attorney, please call: Hamilton & Antonsen, Ltd. at 815.729.9220 for a complimentary consultation.