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How to answer the question, “Have you been drinking?” 

On Behalf of | Jun 16, 2023 | CRIMINAL LAW - Drunk Driving

When pulled over by law enforcement and asked, “Have you been drinking?” it is essential to respond carefully and appropriately to ensure your safety and legal compliance. 

Here are some tips on how to handle this situation:

Stay calm and respectful

It is crucial to remain calm and composed throughout the interaction. Keep your hands visible on the steering wheel and avoid making any sudden movements. Treat the officer with respect and follow their instructions.

Be honest within legal limits

Honesty is important, but you also have the right to protect yourself. A straightforward “No, officer, I have not been drinking” is an appropriate response if you haven’t been drinking. However, if you have consumed alcohol, you should exercise your right to remain silent and avoid self-incrimination. Lying to a police officer is a crime, so a flat-out denial isn’t an option.

Stay brief and avoid volunteering information

Keep your response concise and avoid elaborating or providing unnecessary information. Remember that anything you say can be used against you, so it’s best to remain silent unless explicitly required to provide information.

Cooperate with chemical testing if required

Cooperating is generally advisable if the officer suspects impairment and asks you to perform chemical blood alcohol content tests. However, remember that you can refuse field sobriety tests. Be aware of your rights and the potential consequences of refusal, if you do decide not to cooperate with the chemical testing.

Remember, each situation is unique, and it is important to understand and comply with the law. Understanding your legal rights and options will help you navigate this situation.