say police officer asked drinking advice law advice insurance advice community law advice case evaluation ask lawyer amp legal topics legal topics accident law bankruptcy law business law criminal law employment labor law estate planning family law financial law general practice government law immigration law insurance law intellectual property litigation malpractice law personal injury real estate law tax law small claims admiralty maritime aviation law criminal law topics criminal law topics criminal law basicsarrests searchesdrug crimesdrunk drivingstate marijuana laws parole probationviolent crimeswhite collar crimes property crimesjuvenile law advice law advice criminal law drunk driving current stopped officer asks drinking say written freeadvice staff case evaluation case evaluation experienced dui dwi attorney options stopped law enforcement suspicion drunk driving asked rsquo drink options potential consequences depending rsquo drink personality mood individual officer handling dui drinking legal blood alcohol bac limit keep officer arresting drunk driving choosing appropriate option particular situation may dui case road remaining silent drunk driving stopped law enforcement officer drunk driving option remain silent getting wheel drinking amount alcohol shows poor judgment long legal bac limit arrested drunk driving important remember constitution right self incrimination means drinking answer law enforcement officer rsquo question may answer ldquo rsquo say rdquo request speak attorney depending state may right attorney asked take field sobriety arrested request attorney officer know aware rights competent dui attorney argue right attorney time complying officer requests dui remember officer looking signs intoxication say may small talk officer right name date birth answer incriminating questions refusing answer officer rsquo questions mean refuse comply requests officer asked give license registration comply remain silent officer asks way rsquo able admission guilt denial mean rsquo arrested tested blood alcohol content mean attorney able build better defense say police assist charging dui honesty drunk driving choose honest dui appropriate true tell officer drinks rsquo helpful tell officer time drink time second long hour drink incriminating statement may explain odor alcohol breath admission give officer cause request take field sobriety blood alcohol chance officer believe rsquo drink officer rsquo reason may way worst defense drunk driving lying worst thing drunk driving lying police officer futile damage credibility hurt case instance drinks tell officer drinks drink officer determine lied take breathalyzer look bad judge jury believe legal bac limit best case situation remain silent remember respectful officer ensure best treatment trial date dui case finally arrives officer able bad attitude court consult dui attorney advice handle drunk driving prepare dui case arrest case evaluated experienced dui attorney 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What Should I Say to a Police Officer When Asked if I've Been Drinking Free Advice Law Advice Insurance Advice Community Law Advice Free Case Evaluation Ask a Lawyer Q amp A Legal Topics All Legal Topics Accident Law Bankruptcy Law Business Law Criminal Law Employment Labor Law Estate Planning Family Law Financial Law General Practice Government Law Immigration Law Insurance Law Intellectual Property Litigation Malpractice Law Personal Injury Real Estate Law Tax Law Small Claims Admiralty Maritime Aviation Law Criminal Law Topics All Criminal Law Topics Criminal Law BasicsArrests And SearchesDrug CrimesDrunk DrivingState Marijuana Laws Parole ProbationViolent CrimesWhite Collar Crimes Property CrimesJuvenile Law Free Advice Law Advice Criminal Law Drunk Driving Current Page If I am stopped and the officer asks me if I've been drinking what should I say Written by FreeAdvice Staff Free Case Evaluation Get a FREE Case Evaluation From An Experienced DUI DWI Attorney You have several options if you are stopped by law enforcement for suspicion of drunk driving and asked if you rsquo ve had anything to drink All of these options have their own potential consequences depending on how much you rsquo ve had to drink and the personality and mood of the individual officer handling the DUI stop If you have been drinking and are over the legal blood alcohol BAC limit of nothing can keep the officer from arresting you for drunk driving But choosing the appropriate option for your particular situation may help your DUI case down the road Remaining Silent During a Drunk Driving Stop If you have been stopped by a law enforcement officer for drunk driving the first option is to remain silent Although getting behind the wheel after drinking any amount of alcohol shows poor judgment as long as you are under the legal BAC limit you cannot be arrested for drunk driving It is important to remember that under the Constitution you have a right against self incrimination This means if you have been drinking you do not have to answer the law enforcement officer rsquo s question at all You may answer with ldquo I rsquo d rather not say rdquo and request to speak to an attorney Depending on the state you may not have a right to an attorney until you are asked to take a field sobriety test or until you are arrested However the request for an attorney can never be used against you This will let the officer know that you are aware of your rights A competent DUI attorney can argue for whether you had the right to an attorney at the time or not Complying with Officer Requests During a DUI Stop Remember that the officer will be looking for signs of intoxication and can even use what you say in what may seem like small talk against you While the officer does have the right to some information such as your name and date of birth you do not have to answer any incriminating questions However refusing to answer the officer rsquo s questions does not mean that you should refuse to comply with other requests of the officer If you are asked to give him or her your license and registration you should comply You can still remain silent during anything the officer asks you to do This way they won rsquo t be able to use any admission of guilt or denial against you later on This does not mean that you won rsquo t be arrested or tested for blood alcohol content but it does mean that your attorney will be able to build a better defense if you do not say anything to the police that will assist them in charging you for a DUI Honesty During a Drunk Driving Stop You can also choose to be honest at a DUI stop Where it is appropriate and true you can tell the officer that you have had one or two drinks It rsquo s also helpful to tell the officer the time of your first drink as well as the time of your second As long as there has been at least an hour between each drink this is not an incriminating statement to make Further it may explain the odor of alcohol on your breath However this admission will often give the officer cause to request that you take a field sobriety test and a blood alcohol test There is also the chance that the officer will believe that you rsquo ve had only this much to drink If the officer didn rsquo t stop you for any other reason he may let you go on your way Worst Defense During a Drunk Driving Stop Lying is the worst thing you can do during a drunk driving stop Lying to a police officer is almost always futile It will damage your credibility which will hurt your case For instance if you have had six drinks and you tell the officer that you have had two drinks or nothing to drink at all the officer will determine that you have lied to them once you take a Breathalyzer This will always look bad to a judge and jury If you believe that you are over the legal BAC limit the best case in this situation is to remain silent Also you should remember to always be respectful to the officer as this will ensure the best treatment you can get When the trial date for your DUI case finally arrives the officer will not be able to use your bad attitude in court against you Consult a DUI attorney for advice on how to handle a drunk driving stop and how to prepare your DUI case after an arrest Have your case evaluated by an EXPERIENCED DUI ATTORNEY It's free and there is no obligation Sponsored Form Name Current Address Select Your State Alaska Alabama Arkansas Arizona California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana North Carolina North Dakota Nebraska Nevada New Hampshire New Jersey New Mexico New York Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming Main Phone Number Alternate Phone optional Email Address Priors Have you received a prior DUI conviction Yes No Problem Briefly describe your problem optional Year What is the current year Used to block spam Click the blue bar and complete a short form to get help right now View Related DUI Checkpoints Roadside Stops Articles View the Next FAQ Criminal Defense Homepage All Legal Topics Find a Criminal Defense Attorney Ask a Lawyer Didn't find what you were looking for Make it Social Must Read ArticlesRequirements for a DUI CheckpointCan I refuse to take a roadside breath test or other field sobriety tests If I am stopped and the officer asks me if I've been drinking what should I say If I was stopped for an unrelated traffic violation can the police also arrest me for a DUI hellip If I'm pulled over what types of DUI roadside tests can the officer ask me to perform What is the officer looking for leading up to and during a DUI arrest Select Practice Area Adoption Support amp Child Custody Arbitration Aviation Maritime amp Boat Accident Banking Bankruptcy Business Car Accident Civil Rights 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