If a Police Officer Asks Me If I Have Been Drinking, What Should I Say?

When the police stop you for a possible DUI, they will ask you if you have been drinking. The answer to this question can be tricky if you’ve had a drink or two but do not feel drunk at all. It’s also challenging to answer this question if you feel you’ve had one too many drinks and are frightened of getting arrested for a DUI.

Of course, you can say that you haven’t been drinking if you haven’t been drinking before driving. But if you have drunk some alcohol, you must not lie to the police and avoid incriminating yourself. Even if you’ve only had one drink, you must not lie. Do not say that you haven’t been drinking because lying to the police is a crime.

Instead, politely tell the police that “My attorney advised me to remain silent and not answer any questions.” You will avoid incriminating yourself with this answer. It will not give the police evidence when they testify later that your statements gave them probable cause to arrest you for a DUI.

If the police arrest you, the same thing applies—don’t say anything. Wait until you have spoken to your Santa Barbara DUI defense attorney. Remember that the police will use anything you say to them against you later. Never admit guilt at any time between your first contact with the police to the last.

What Happens If You Refuse to Answer

The police will still try to confirm their suspicion by requesting that you take a breath test, which they can administer the breath test on the spot. You also have the option of requesting a blood or urine test, which must be done at the police station. You should also ask to call your attorney at this point.

If you believe you can pass the breath test, you should take the test during the stop. Keep in mind that if you get arrested, refusing to take a breath, urine, or blood test will result in the automatic suspension of your driver’s license. But if you believe you will fail the test or your blood alcohol concentration (BAC) may be dangerously close to the legal BAC limit, you may refuse the breath test and submit to a blood test at the police station.

This will allow more time for your body to get rid of the alcohol. A blood test is also more accurate than a breath test, such that a breath test may sometimes garner a higher BAC result than what’s actually in your system.

Discuss Your Case With a Skilled Santa Barbara DUI Defense Lawyer

Once the police have decided that they have probable cause to arrest you for drunk driving, you should not challenge their decision during the stop or at the station. You can, however, fight for your rights and avoid a DUI conviction by challenging your DUI case in court with help from the Santa Barbara DUI defense lawyer at Bamieh & De Smeth. Dial 805-643-5555 or contact us online to arrange your free case review with our Santa Barbara DUI defense lawyer.