What if I am pulled over and the officer asks if I have been drinking?
This is a difficult question, particularly if you’ve been drinking and driving. Most importantly, don’t lie to the officer. Your statements to the officer potentially become evidence in the case, should the officer decide to arrest you for DUI. Remember what you read above, police cars often have video and audio recorders on board, and so everything you do or say is likely to be recorded. Your best answer may be that your attorney has advised you not to answer questions like that without their presence.
If you have not been drinking, tell the officer, “I have not been drinking.”
If you have had one or two drinks, and you believe you are not DUI, you may want to tell the officer you have had something to drink but you are not under the influence. Being honest in this situation may be beneficial to your case as the matter proceeds.
If you think you are DUI, advise the officer that your lawyer advised you never to answer an officer’s questions without his or her presence.