Why speaking to police during questioning can hurt your case
| Risky statement or action | Why it creates danger | Safer response |
|---|---|---|
| “I only had a couple drinks.” | Sounds like a small admission, but it supports an OWI investigation | “I am not answering questions without a lawyer.” |
| “I think I got there around 10.” | A guess can lock you into a timeline | “I am invoking my right to remain silent.” |
| “You can search, I have nothing to hide.” | You may waive search protections | “I do not consent to any searches.” |
| “I was angry, but I never meant to hit anyone.” | Combines motive with a harmful factual detail that can lead to self-incrimination | “I want a lawyer before any questioning.” |
| “I already told the other officer something different.” | Hands police a contradiction | Stop talking and ask for counsel |
Statements you should never make during police questioning
- Partial admissions: “I only took a little,” “I barely touched him,” “I had two beers”
- Guesses: “I think,” “maybe,” “probably,” “I’m not sure but…”
- Extra details: volunteering names, places, times, texts, travel plans, or arguments
- Consent to search: “Sure, go ahead,” “I don’t mind,” “Check whatever you want”
- threats, insults, or sarcasm
- lies
Why “I’m innocent, so I should explain” is a risky mindset
What not to say during traffic stops, OWI stops, and other common police encounters
- “I only had two beers.”
- “I did not see the stop sign.”
- “I was checking my phone for directions.”
- “There’s nothing in the car, you can search.”
- “I know this looks bad, but…”
What to say instead when police question you in Michigan
- Right to silence: “I am invoking my right to remain silent.”
- Request for counsel: “I want a lawyer before answering any questions.”
- Search refusal: “I do not consent to any searches.”
- Custody question: “Am I free to leave?”
- name and identifying information, if required
Common mistakes people make after invoking the right to remain silent
A short script you can use if police want to question you
- Stay calm and keep your hands visible.
- Give identifying information if the law requires it.
- Ask, “Am I free to leave?”
- If the answer is no, say, “I am invoking my right to remain silent.”
- Say, “I want a lawyer before answering any questions.”
- If asked to search, say, “I do not consent to any searches.”
- Stop talking.
