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How to answer “Have you been drinking?”

On Behalf of | Jun 4, 2023 | Firm News

Being stopped for driving under the influence (DUI) of alcohol can be confusing, and a simple mistake can lead to significant consequences. If the police suspect you are drunk, they will stop you and ask questions to obtain enough evidence against you. And one of them is, “Have you been drinking?” 

The answer you give can lead to self-incrimination. So, you should be careful. So, what should you say to the police?

“I have been advised not to answer any questions”

This is the best response to this question – it shows you respect the officer but are unwilling to answer. Some people choose to say “no,” but this can get you into more trouble if you fail the breathalyzer test since you would have lied to the officer, which is an offense. Accordingly, you may face an additional charge

“I’ve just had two beers” is another response to avoid. While two beers sound harmless, and you believe the police will let you go, it’s still an admission to being drunk and can lead to a DUI charge. Therefore, the goal is not to lie to the officer and not to incriminate yourself.

Pay attention to additional questions

When the police notice that you are unwilling to answer “Have you been drinking?”, they may twist subsequent questions to get you to admit to drunk driving. You should pay attention to such questions. A good example is “What have you been drinking?”

If you are charged with a DUI, you can get legal guidance to protect your driving record and avoid significant penalties.