What should I say to the police if they ask if I've been drinking?
After a long day of work, you might have wanted to stop by the bar for a drink or two. After a while, you drive home. But as you drive, a cop flashes their lights and pulls you over.
When you roll your window down, the cop asks you if you’ve been drinking. A hundred thoughts are instantly running through your mind and get afraid to answer the cop. Do you lie to them, tell them the truth, avoid the question, or what?
Today, you’re going to learn the best thing to say if a police cop asks if you’ve been drinking.
First, Here’s What NOT to Say to the police
First thing: DO NOT LIE!
Regardless of what question is being asked, you do NOT want to lie to an officer. If the cop doesn’t trust what you say, they could speculate you could be covering something up. That leads to even more hassle.
On top of that, in some jurisdictions in Tennessee, it’s unlawful to lie to the cop. Penalties can span from hefty fines to short jail time or both.
Second thing: DO NOT SAY THAT YOU HAD SOMETHING TO DRINK!
You could’ve had a can of beer four hours ago, a small glass of wine over dinner, or a sip of a spiked anything. You could drive and walk without feeling anything at all.
It does NOT matter. Do not tell the cop ANYTHING about what you’ve drunk. That’s not information you’d want the cop to know about. Simply telling the cop that you had even a sip is evidence that can --and will-- be used against you.
If a Cop Asks if You’ve Been Drinking, Say This…
So instead of setting yourself up for failure, stop and remember the 5th amendment. When the cop asks if you’ve been drinking, just say “I am invoking my right to remain silent and I would like to speak to my attorney.”
That’s it. Just say that, or something close enough to that. Nothing more, nothing less, and nothing else.
If you straight up swear on your life that you haven’t drank anything, then you can say in full honesty, “no I have not been drinking sir/ma’am.”
“What’s the big deal if I tell the cop that I had something to drink anyway? Why should I remain silent?”
Have you ever watched cop shows and when they arrest someone, they tell the suspect their rights? That’s called Miranda rights. And the second line literally says “anything you say can and will be used against you in a court of law.”
That exact line is why you should invoke your 5th amendment rights.
The instant you tell the cop that you had something to drink, you give them a reason to make you take a breathalyzer or field sobriety test. The results of that test can be evidence against you in court.
Asking for your lawyer WON’T be used against you though. As a lawyer in Eastern Tennessee who has worked on a bunch of DUI cases, my team and I know exactly how to argue that the cop has no plausible cause to pull you over and ask if you had anything to drink.
Reducing the Chance of a DUI Charge
If you remain silent, you have a better chance in court.
If you do exactly everything I told you to do, you’ll reduce the chance of getting a DUI charge and your license taken away tremendously.
While you won’t know what the end result will be, you can feel a little better knowing there’s a higher chance of a positive outcome in court.
Even better, you know your rights so the cop won’t try to take advantage of you.
Take your stand and know your rights. In the end, the outcome will be much better.
When the Cop Asks If You’ve been drinking… (RECAP)
If you’re pulled over and the cop asks if you’ve been drinking:
Don’t tell them that you had something to drink
Don’t lie about anything; be 100% honest
5th amendment: you have the right to remain silent
You also have the right to ask for an attorney
Should you find yourself in a sticky situation, reach out to me and my team when you need us.
