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
If the officer questions you about drinking, DO NOT admit to drinking…. even if it was 24 hours ago. Keep your mouth shut!
Regardless of what question is being asked, be polite and respectful. If the officer ask you to step out of the car, comply with their orders.
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. 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. Folks, I cannot tell you how many clients I had that were arrested for DUI, and the only evidence the officer had was they committed a traffic violation and admitted to drinking. DO NOT admit to drinking.
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, don’t admit to drinking.
Even if the officer jumps up and down about smelling alcohol and promises he will not arrest you if you’re simply "honest”…. DO NOT admit to drinking.
“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.
Invoking your rights WON’T be used against you though. As a lawyer in East Tennessee who has worked on a bunch of DUI cases, my team and I know exactly how to defend you against a DUI charge in Knoxville or any other place in East Tennessee.
Reducing the Chance of a DUI Charge
If you remain silent, you have a better chance in court.
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
You are not obligated to answer the officer’s questions
Once arrested, you have a 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.
