Getting pulled over can be frightening even if you haven’t done anything wrong. If the police officer asks you if you’ve been drinking you may be unsure of what to say. If you had a few beers should you admit to it? Should you lie and say no? Continue reading and speak with a Montgomery County DUI lawyer for skilled legal advice.
How Should I Respond if a Cop Asks if I’ve Been Drinking?
If you genuinely have not been drinking then you can answer honestly and tell the officer “no.” However, if you have had even one drink then telling the officer can give them probable cause to conduct field sobriety tests and pursue a DUI traffic stop.
1. Be Cooperative
Do not escalate the situation by behaving in a rude or unkind manner. Be polite and cooperative. During a traffic stop, you are legally required to present the officer with your license, registration, and proof of insurance if they request it. Provide them with the relevant information.
2. Do Not Lie
Lying is one of the worst things you can do if an officer asks if you’ve been drinking. Lying to a law enforcement officer is illegal in Pennsylvania. Knowingly giving false information to a police officer could result in legal consequences and various repercussions. If you decide to tell an officer that you have not been drinking and later on it is found that you were lying, it can have several implications during your DUI case. You lose credibility and may not be believed by a judge or jury.
3. Remain Silent
The Fifth Amendment of the United States Constitution gives people the right to remain silent and refuse to answer self-incriminating questions. After providing the officer with your license and vehicle information you no longer have an obligation to them.
4. Ask for a Lawyer
If you believe you may be impaired or you are not sure what to do, the best thing you can do is ask to speak with your lawyer. When asked if you have been drinking, respond with “Officer, I have been advised not to answer questions without counsel present. May I contact my attorney?” or “I don’t feel comfortable answering that question without my lawyer present. Can I give them a call?”
These responses ensure that you enact your right to representation and prevent you from lying or admitting guilt.
Contact an Experienced Attorney
It can be difficult to understand what you should or should not do when people are pulled over for a potential DUI. Having one or two drinks before driving is not illegal, given that you are not impaired, but admitting to doing so can make you vulnerable to testing and a possible arrest. It is important to work with a skilled attorney to ensure your rights are protected during a traffic stop or arrest. Reach out to a lawyer today to discuss your situation.