How Should I Respond When an Officer Asks “Have You Been Drinking?”

If you are pulled over in a traffic stop and the police officer asks “Have you been drinking?” the way you respond can have significant implications for the next few hours, days, or weeks. It is crucial that you understand your rights and responsibilities in this situation because your answer can influence the outcome of the encounter and any case that may follow. If you need legal representation during an intoxicated driving case work with a Marquette DUI lawyer for skilled legal counsel.

What Should I Say When a Police Officer Asks if I Have Been Drinking?

When you hear the question “Have you been drinking?” it may paralyze you with uncertainty. If you really haven’t been drinking then the answer is easy and you can simply tell them the truth that, no, you have not had a drink. But if you have had even one or two drinks you may be unsure what to do or say.

The first thing to note is that you should never lie. Lying to the police is a crime in Michigan so if you have been drinking do not lie and say that you haven’t. And if you had 5 drinks do not lie and say you only had one.

During a traffic stop, there are a few things that you have to do. Upon request, you must provide the officer with your driver’s license, vehicle registration, and proof of auto insurance. You also must step out of your car if the officer asks you to do so. Those are your only obligations. You do not have to answer any questions, even simple ones. You can invoke your Fifth Amendment right to remain silent and avoid self-incrimination.

You can also simply tell the officer that you do not feel comfortable answering the question. Be cooperative and polite, but you are not required to respond. Try saying “I have been advised not to answer that question” or “I’d rather not answer that until I speak with my attorney. Can I contact them now?” These responses allow you to stay honest but avoid incriminating yourself or admitting guilt.

What Will Happen if I Say Yes?

If you admit to drinking the officer now has probable cause to continue performing a DUI investigation. They may ask you to complete field sobriety tests or a breathalyzer test to assess the level you are impaired. If your BAC is 0.08 or higher you are over the legal limit and can be arrested for a DUI. Even if you blow less than 0.08 if you are found to be impaired you could face legal consequences.

Field sobriety tests can be challenging even for sober individuals. You are allowed to refuse these tests but it could lead to further scrutiny. Refusing a breathalyzer can result in legal repercussions like a suspended license and points on your license.

Work with an experienced attorney for individualized and skilled advice.