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How Should I Respond if an Officer Asks if I’ve Been Drinking?

If you are driving and suddenly see red and blue lights flashing in your rearview mirror you may begin to question everything. Was I speeding? Did I run a red light? What should I say? When a police officer pulls you over and asks if you’ve been drinking you may be unsure what an appropriate response is. Continue reading to discover what you should or should not say and work with a New City DWI defense attorney for skilled representation during your case.

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

When you are pulled over and a police officer asks you if you’ve been drinking you may start to panic. However, it is important to be prepared for the ways in which you can answer.

Tell the Truth

Perhaps the most obvious option, you can tell the officer the truth. If you have not been drinking then you should always tell them that when asked. If you only had one or two drinks and know that you are not intoxicated you could also be honest and tell them so. However, it is important to note that by admitting that you have consumed alcohol that night you are giving the officer probable cause to continue with a DWI investigation which could include field sobriety tests, a breathalyzer, an arrest, and more.

Remain Silent

The Fifth Amendment of the United States Constitution provides individuals with the right to avoid self-incrimination. You have the right to remain silent when asked any question. If you have had any amount of alcohol it may be in your best interest to say as little as possible and avoid answering at all.

Do Not Lie

It is illegal to lie to a police officer. You should never provide them with incorrect information as it may result in legal consequences and could hurt your credibility later on. Although you should never lie, you do not have to respond to the question. If an officer asks you if you have been drinking you can use one of the following responses to avoid lying and admitting guilt.

  • “I don’t feel comfortable answering that question. I would like to remain silent until I contact my attorney”
  • “I have been advised not to answer that question. May I contact my lawyer?”
  • “I’d rather not say until I am able to speak with my lawyer.”

These responses allow you to remain honest while ensuring you do not admit to anything that could be used against you.

Contact the Law Office of Kevin T. Conway Today

If you are suspected of driving under the influence of drugs or alcohol it is important that you obtain the help of an experienced attorney. A lawyer can offer advice and help you navigate the sometimes complex legal process. Reach out to an attorney at the Law Office of Kevin T. Conway today to set up a consultation.

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