How Should I Respond if a Cop Asks if I’ve Been Drinking?

The prospect of getting arrested can be daunting and scary. If you were pulled over for a suspected DUI it is normal to be overwhelmed and unsure of what to say or do. If a cop asks you if you have been drinking you may be paralyzed with indecision and uncertainty. There are certain things that you should and should not do during a traffic stop. Keep reading for more information and contact a Marquette DUI lawyer for legal advice and representation.

What is the Best Response When a Cop Asks if I’ve Been Drinking?

The best response in this scenario depends entirely on the details of the situation. If you have been drinking your responses will generally differ from if you have not.

If you have not had any alcohol before driving it is safe to be honest with the officer and tell them no. If you had one or two drinks and are confident that you are well under the legal limit and not impaired you can also choose to be truthful.

One thing to keep in mind is that when an officer asks if you have been drinking they are simply looking for probable cause to proceed with a DUI traffic stop. Admitting to any alcohol consumption can give them reasonable suspicion and allow them to perform field sobriety tests, breathalyzer tests, and an arrest.

While answering honestly can result in a DUI arrest, you should never lie either. Lying to a law enforcement officer is illegal in Michigan and could result in legal consequences. Additionally, if you are caught lying during the traffic stop your credibility will be questioned if a hearing or trial results from the situation. It is your Constitutional right to avoid self-incrimination so instead of lying, you can respond with something like “I’m not comfortable answering any questions without first speaking to my attorney. May I contact them now?” This response allows you to avoid lying or admitting guilt.

You can also remain silent or refuse to answer. During a traffic stop, the only obligations you have are to present the officer with your license, registration, and proof of insurance.

Should I Submit to a Breathalyzer Test?

When you drive a vehicle on a public road you have given implied consent for law enforcement officers to breathalyze you to check your blood alcohol levels. With that being said, you are still within your rights to refuse.

Refusing a breathalyzer can result in $200 in fines plus court costs. Refusing a chemical test will result in an automatic license suspension of 1 year and 6 points on your driving record. However, a DUI conviction will result in even worse consequences.

If you know that your blood alcohol level will be below 0.08 and that you are not impaired, you should submit to the breathalyzer. However, if you are unsure then it may be best to take the refusal charges. Speak with an experienced attorney for more information and skilled legal advice regarding DUI arrests and breathalyzer tests.