Being stopped by police for suspected DUI makes most people extremely anxious. Our anxiety sometimes causes us to start explaining ourselves, believing that we can talk our way out of the problem.
At a DUI stop, after asking for documents, such as your driver’s license, registration and proof of insurance, a police officer will often ask if you have been drinking alcohol. If you legitimately have not consumed any alcohol that day, simply tell the truth and say no.
If you have been consuming alcohol, your anxiety may cause you to start talking and admitting to having “one or two drinks.” However, you might also be worried, believing if you admit to drinking alcohol, you will be arrested for DUI.
Your right to remain silent
Therefore, the best way to handle this situation is to exercise your right to remain silent under the Fifth Amendment to the U.S. Constitution. You have no legal obligation to tell a police officer how much you have had to drink.
You can exercise your right to remain silent by politely declining to answer and say that you are not comfortable answering that question without consulting with an attorney first.
There are many reasons why it is a good idea to avoid answering this question. If you admit to drinking any amount of alcohol, this gives the police officer probable cause to perform field sobriety tests and/or breath tests.
Field sobriety tests are inherently unreliable and often lead to a DUI arrest. Although breath tests are generally more reliable, you may believe you are less intoxicated than you are. Admitting you have been drinking could subject you to a breath test that you fail. You can refuse a breath test but will likely face legal consequences for doing so.
You should never lie to police officers about what you have had to drink. Evidence that you lied about your alcohol consumption can result in additional legal consequences.