What Should I Say if a Police Officer Asks Me if I’ve Been Drinking?

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man with beer in the car getting pulled over

When you get pulled over for a possible DUI the police officer will certainly ask you if you have been drinking. How you answer this question will impact the rest of your night and could be the difference between you getting arrested or being free to go. If a police officer asks “Have you been drinking?” there are certain answers you may wish to avoid. Contact a Mercer County DUI lawyer for skilled assistance during your case.

Is Lying to the Police a Crime in New Jersey?

In New Jersey, it is illegal to lie to a police officer. Providing a law enforcement officer with false information can have serious consequences in certain situations. It could be considered an obstruction of justice and you could face various repercussions as a result.

How Should I Respond if a Police Officer Asks Me if I’ve Been Drinking?

Because it is illegal to provide the police with false information you must be careful when asked if you have been drinking. If you truly have not had a drop of alcohol before driving then you should answer and tell them no. However, what if you had one or two drinks but do not feel drunk?

Even if you feel sober it is important not to lie. However, answering that yes, you have had a drink, can open up a DUI investigation. The Fifth Amendment of the United States Constitution gives individuals the right to remain silent. This means that you do not have to answer any questions from law enforcement. During a traffic stop your only obligation is to provide the officer with your driver’s license, vehicle registration, and proof of insurance. After that, your job is done.

The following are some responses that can be beneficial if an officer asks “Have you been drinking tonight?”

  • “I’ve been advised not to answer any questions.”
  • “I’ve been advised to speak with my lawyer before answering any questions.”
  • “I’d rather not say, may I contact my attorney?”

These responses do not involve you lying about consumption and allow you to avoid incriminating yourself. It is better to answer honestly or not at all.

Contact a Defense Attorney

The attorneys at the Law Office of Douglas Herring have experience dealing with DUI arrests and charges. If you get pulled over for a suspected DUI contact a skilled lawyer for legal advice and counsel. Your attorney will help you understand your rights and obligations during the case as well as protect you from self-incriminating statements. It can be overwhelming to navigate the legal process on your own and difficult to understand what you should or should not do. Reach out to an experienced lawyer to obtain representation and counsel during this time.

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