What Do I Say to an Officer Who Asks if I’ve Been Drinking?

There is a consequence to anything you say or do during your traffic stop with a law enforcement officer. That is, your words and actions may be used against you in your potentially upcoming criminal proceedings. This is why you must carefully consider how to respond to an officer who asks if you are driving under the influence (DUI) of alcohol. With that being said, please read on to discover how to respond to an officer who asks if you have been drinking and how one of the seasoned Clarksville DUI lawyers at Fendley and Etson can step in to represent you soon after your traffic stop.

What do I answer to an officer who asks if I have been drinking?

A law enforcement officer may have reason to believe you are under the influence of alcohol based on your reckless driving, which prompts them to pull you over. Or, they may have pulled you over for another reason, but get this suspicion once they approach your vehicle and notice your glassy eyes, slurred speech, or an odor of alcohol on your body. In either case, one of the first questions they may ask is, “Have you been drinking tonight?”

If you have not had anything to drink before getting behind the wheel of your vehicle, you may answer simply with, “No, officer.” However, you should not answer “no” even if you only had one glass of alcohol and you are confident you are below the legal limit. This is because if your subsequent breathalyzer test detects a trace percentage of alcohol in your system, you may be accused of lying to an officer. This may come with unnecessary consequences, such as an obstruction of justice charge.

So, if you had something to drink, you should exercise your Fifth Amendment constitutional right to remain silent. At most, you may answer with, “I choose to assert my right to remain silent.” Or, “My lawyer advised me not to say anything when questioned by an officer.”

What happens if I do not respond to an officer who asks if I have been drinking?

While a law enforcement officer may grow irritated at you for not responding to their questions, they cannot force or threaten you into answering. But if they are still suspicious of your drinking, what they can do is ask you to submit to a breathalyzer and field sobriety tests.

You must understand that you do not hold the right to speak with a lawyer before consenting to these tests. Rather, you should comply with this if you are strongly certain you are below the legal limit. If you do not, you may be charged with a violation of the implied consent law, which may come with a one-year driver’s license suspension.

Contact one of the competent Montgomery County criminal defense lawyers to gain the emotional and legal support you require during this pivotal time. Our team at Fendley and Etson looks forward to helping you.