If a police officer asks if you’ve been drinking, your response can significantly impact the interaction and potential outcomes of the situation. You should remain calm and respectful but whether or not you should respond to that question depends on the details of the situation. If you were pulled over or arrested for intoxicated driving reach out to an experienced Tehama County DUI lawyer for skilled legal representation.
What is a DUI?
DUI stands for Driving Under the Influence. It refers to the crime of operating a motor vehicle while intoxicated by drugs or alcohol. The legal blood alcohol level limit is 0.08%. If you are found to have more than that amount of alcohol in your system, or that you have a lower amount but are impaired, you could face serious repercussions.
Is it Illegal to Lie to the Police?
In California, yes, it is illegal to lie to the police. You can be charged with a misdemeanor for doing so, so it is important to avoid providing an officer with false information.
However, it is your Constitutional right to avoid self-incrimination. The Fifth Amendment provides individuals with the right to remain silent meaning that you are not legally obligated to answer any question. The only thing you must do during a traffic stop is provide the officer with your driver’s license, registration, and proof of insurance.
What Should I Say if a Police Officer Asks if I’ve Been Drinking?
The answer to this question will vary depending on the details of the situation. If you have not had any alcohol then you should answer honestly and tell them that no, you haven’t. However, if you have had even one drink it is a different story.
Because it is illegal to give false information to an officer do not lie and say that you have not been drinking. Instead, respond with “I prefer not to answer that question” or “I was advised by my lawyer not to answer any questions until I speak with them.”
These responses do not admit guilt nor are they lies. You can also ask to contact your attorney if you feel it is necessary.
Contact an Experienced Defense Attorney
When a police officer asks if you have been drinking they are looking for probable cause to continue with a DUI investigation. This can include field sobriety tests, a breathalyzer, blood testing, or chemical tests.
While you do not want to lie to the officer it is also important that you protect yourself and your rights. Work with a DUI lawyer to ensure you are protected throughout the process.
