What to say when police ask, "Have you been drinking?"
The question that we frequently get asked during new client consultations is, "How do I respond to a police officer when he or she asks me if I have been drinking?" Sometimes there is no right answer. Admitting to drinking even a small amount of alcohol is enough for police to arrest you.
Attorney Matthew Wallin, experienced in defending clients accused of DUI offenses in California, recommends that the best response is not to answer the question. Instead, tell the officer, "I have been advised not to answer any questions."
For some reason, most people will admit to drinking only a little, usually settling on 2 drinks as the amount that they believe the officer will accept. On top of (usually) being a lie, the officer is only trying to get you to admit you drank any alcohol at all.
Your admission is what is going to be used against you, so you must be very careful with how you respond to that question.
You can learn more about DUI defense by visiting our websites:
www.wklawdui.com
www.wklaw.com/areas-drunk-driv...
Пікірлер: 719
"Have you been drinking?". "Officer, I don't own a shovel and have not been in my basement in years".
If you say no. They treat you as a liar. If you say yes. They treat you as telling the truth.
I was pulled over once & the cop asked me "Are you drinking?" I said to him, "That depends, are you buying?!" LMAO
@warriormanmaxx8991
Жыл бұрын
Ohhhhhhh ... you are SOOOOOO funny !!!!! (Not!)
@FergusDerpson
6 ай бұрын
@@warriormanmaxx8991 was funny, did laugh
@DaveStarks-ku2jd
5 ай бұрын
@@warriormanmaxx8991 Ohhhhhhh ... you are SOOOOOO funny !!!!! (Not!)
give the cop a beer and a joint let him get his own lines
@helvihautala9267
6 жыл бұрын
bruce nassar Never smoke weed. Instead drink ovaltine made with pot and eat pot brownies. Also, make cigarettes out of dried manure and light one up in front of the cop and tell him you like to smoke funny cigarettes.
Another bit of good advice. Only roll the windows down far enough to talk through and pass papers through. If asked to step out of the car then do so. But immediately after you put both feet on the ground lock and close the doors and put you keys in your pocket. This prevents the police from doing an unlawful search of your vehicle. If they demand your keys or tell you to open the vehicle, tell them this exactly "I'm very sorry sir, but I don't consent to a search." If they force a search anyway you can get off on a technicality. In order to search your private property they must have a search warrant with a judge's signature. Without that they just violated your rights and wasted their time. At which point they leave themselves open to a lawsuit.
@thomasmedeiros5722
Жыл бұрын
Actually if you watch Law and Order you would mention that police can search your car without a search warrant if they have “probable cause “. Let’s say you have open liquor containers in plain view, money from a bank robbery in plain view, a person in the trunk who is kicking and screaming for help or something else that is obvious.
The one time I got into a DUI checkpoint, I just answered "No." It was convenient, because my answer also had the virtue of being the truth.
@crand20033
Жыл бұрын
Best answer is: I don't answer questions without a lawyer present.
Time is 7PM PO "Have you had anything to drink today?"Driver "I had a glass of wine at lunch." Outcome...you have admitted to driving under the influence and will be arrested. State of Florida
@jwhome9319
8 жыл бұрын
+Ron Knaus Not a crime to drink and drive..............just be DUI and drive.
@erikbaran7197
8 жыл бұрын
One drink and you are under the influence. You aren't by definition drunk enough to be arrest for driving while intoxicated (DWI), but you are driving under the influence (DUI). In some states these two terms are different crimes, while in others they are synonymous.
@jwhome9319
8 жыл бұрын
one drink..........not necessarily true.................how big a drink? how long ago? DWI and DUI are synonymous.....need to be at the states legal standard for presumed impaired driving usually .08% BAC or above.
@erikbaran7197
8 жыл бұрын
J whome It doesn't matter if it was only one drink, if a cop sees you drift over a line while you're lighting a cigarette or changing the radio station or bump a curb making a right turn or any other little thing and you've had alcohol, you can be charged with DUI. You can nit pick all you want with your "what ifs" but those are the facts. And in some states, you can be charged with a DUI even if you are under the legal limit. Over the limit would be a DWI. You can be under the influence of alcohol but not legally intoxicated, hence the two different charges. You're sitting in front of the pretty much the sum of mankind's knowledge, if you don't believe me, GOOGLE IT!
@jwhome9319
8 жыл бұрын
distinction without a difference...some states call it DUI some DWI...its the BAC which makes it presumptively unlawful or not. Thats why its not called drunk driving anywhere, cuz being drunk is not the standard. its influence or intoxication at the states presumed BAC level or more. google it
Or you could simply not drink and drive
@nonamesplease931
6 жыл бұрын
Jeff Claterbaugh maybe omit drinking all together 🤔
@mossy723
6 жыл бұрын
Don’t tread on me!!
@34thstreetman
6 жыл бұрын
They have been known to get trick innocent people into incriminating themselves.
@ottob632
6 жыл бұрын
no names please Yeah because prohibition worked so well.
@2AForever-wi8yj
6 жыл бұрын
it is not against the law to drink then drive if you are not over the legal limit.
When I was 4 years old my mother thought that I might have a coordination problem and sent me to a doctor who had me do a test similar to a field sobriety test. I might have tested positive and showed signs of intoxication at age 4.
The guy never actually advises anyone to not answer the question. He just states that you don't need to, and that is not the same thing.
@SeraphsWitness
Жыл бұрын
Still, evading arrest when you've been drinking and driving? That's dangerously putting people back in cars who shouldn't be.
No. I haven't been drinking. Your eyes look glazed officer. Have you been eating donuts?
@billace90
6 жыл бұрын
TexasDog3 Lol!!!!! Good one!
@WhitePrivilegeMohammedansSuck
6 жыл бұрын
TOO funny!
@MrGregroberts55
6 жыл бұрын
Was it a "glazed" donut?
@lokinube
6 жыл бұрын
MrGregroberts55 that was the joke....
@catsandalcohol99
Жыл бұрын
lol that's how you get shot
why dont you just say ''no'?
@davidspin581
9 жыл бұрын
+ufo69691 Could you please repeat the question, Sir?
@qqqqqqqqqq7488
8 жыл бұрын
Because then that testimony will be used against you. Especially if you are found to be lying. Do you have any idea what a judge will do to you for lying to a cop? On the other hand, Cops are literally taught to lie to you. Why do you think they pull you over for no reason??? PRACTICE. Remember anyone who doesn't wear blue is the enemy. If you feel the need to talk just keep saying u want to speak to my lawyer.
@erikbaran7197
8 жыл бұрын
Because if you had been, you're lying to a police officer.
@markflierl1624
6 жыл бұрын
@qqqq qqqqq "Remember anyone who doesn't wear blue is the enemy." Your god damn right! This is a fucking police state.
@firelord1125
6 жыл бұрын
Well, if you've been drinking and behind the wheel of a motor vehicle then you already deserve to be arrested lol.
A cop who was arrested for DUI actually said he only had "2 beers", despite being clearly hammered. The psychology of this response must be hard-wired in our brains and I find it fascinating. Officers I've known are just as baffled by this automatic response.
Even if you have NOT been drinking and you speak to a officer when pulled over, he can say he smelled alcohol when you spoke
@selfdo
17 күн бұрын
How do you know a cop is LYING? His lips move...
Officer pulled me over has me have you been drinking I said why is there a fat chick in the back seat
@helvihautala9267
6 жыл бұрын
South from Texas If asked why you think you were pulled over tell the officer that it was because you are Black even if you are a blue eyed blonde.
@crisrx77
6 жыл бұрын
South from Texas Hahaha Hahaha I'll say that next time I drive thru a dui check point
@jeffc5974
6 жыл бұрын
Hopefully you get one with a sense of humor. If they don't, they'll end up treating you like a black person, and no one wants that.
@billorights1469
6 жыл бұрын
South from Texas funny, will remember that one.
@ottob632
6 жыл бұрын
Is that the only way you can get girls, get them drunk and pour them into your car.
Back in my youth got pulled over and asked that very question. The cop's mouth dropped open in surprise when I said 4 or 5. He told me every one says a couple. I got off with a warning. But if this happened today they would have rightfully locked me up
Thank you for keeping our communities safe mr lawyer
@carlosvega4704
Жыл бұрын
From the crips? I mean cops?
I think the concern they are addressing here is if someone has a small glass of wine at dinner--or something to that effect--and are pulled over--for any particular reason--and the officer asks that question. While the driver did have some wine at dinner, they are obviously nowhere near the limit and in no way impaired. But it's a catch-22 if they answer that question.
"You don't answer questions? Why is that? That's suspicious, please step out of the car...."
@andygalloway3282
6 жыл бұрын
Jack v.Z on what grounds officer? People need to understand they have a right to object. Yeah!
@Chris-wq3rw
6 жыл бұрын
Steven Selleck no u cant Pv v. Mimms look it up
@jackv.z7141
6 жыл бұрын
"Officer I am not getting out of my car, do you suspect me of committing a crime? I would like to leave if I am not detained" "Step out of the car or I will bust your window" Look around on youtube, these things happen a lot...
@pinelandhunting6540
6 жыл бұрын
Steven Selleck in most states no you cannot
@personalinformation8678
6 жыл бұрын
Jack v.Z if you don’t want to answer questions and the cop pulls you out you can sue.
Yes I had a bottle of water Thank You for your concern of my hydration........
Officer, I have been advised by lawyers on KZread not to answer that question.
@selfdo
18 күн бұрын
Doesn't matter what venue the attorney conveyed legal advice.
*Watches video and then rolls down window to speak to the officer*
say nothing, the end.
@camgere
6 жыл бұрын
Ironically, you haven't exercised your right to remain silent until you say "I'm exercising my right to remain silent."
@jeffc5974
6 жыл бұрын
camera nope.
@camgere
6 жыл бұрын
As crazy as it sounds "Petitioner's Fifth Amendment claim fails because he did not expressly invoke the privilege against self-incrimination in response to the officer's question," Justice Samuel Alito, Salinas v. Texas, June 2010.
@Outdoorsguy1212
6 жыл бұрын
Really ? You think the cop is going to let you drive off ? You idiot.
@smithcory3854
6 жыл бұрын
Rich V darn, he said nothing. .guess i got to let him go...the only loop holel..,.we should really fix that.
Best course of action don't drink when you drive
Your admission to most any question like when they ask "do you know why I pulled you over'? Once you say yes... basically you've plead guilty !
The problem is, if you've been drinking enough, you're going to tell them.
When I drink, I do like 85 MPH in a 55. When I smoke pot, i do 45 in a 70 MPH zone. So whenever i drink, i make sure to smoke a joint, then i drive the speed limit.... : >)
@travisbickleish
3 жыл бұрын
I've drove tripping. That was confusing. 🤤
I've never figured out the "I've had two beers" as you stated all they're after is a admission and I promise they'll take from there and your going to jail.
I've lied and said "nothing sir" and everything went just fine.. not sure if that would've been the case if i I said "I've been advised to not answer any questions."
Just say no. Have you been drinking is a very vague question. Did he mean while I was driving? Or the last 2 hours. Or today. Or this month. Or this year?
What about if they ask you to get out of the car do you have to comply?
I don't recall.
My response to a cop asking that question: "i just drank a glass ofilk at home". Which got a smile from him.
This sounds just like how they would train a cop, be dishonest but don't be dishonest?!
"No I let your mom finish it."
@cpfrmr
6 жыл бұрын
Leeroy Bidibodi
@dlvr659
6 жыл бұрын
gerald severson yes? lol
@jamesdiaz2748
6 жыл бұрын
"Step out of the vehicle"
Sorry I'm a little drunk and kind of confused on what to do. Do I ask officer if he has been drinking?
What would happen if I forwarded a voicemail on my phone from one person to another person?
have you been drinking. yes, a milk shake☺
What if you have been drinking hash ovaltine which gives a buzz like you would get off champagne but could pass for regular ovaltine?It can not be picked up by breathalyzer.
South from Texas! that's the best comment I have ever read! funny as hell man!
How about don’t drink and drive?
Saying you dont want to answer will cause just as much 'suspicion'. They do what they want regardless of law, and it doesnt matter if they kill you over a misunderstood law.
So what’s the answer?
thank
No.
Has anyone ever beed convicted for lying in those circumstance? My guess is no...
If the officer asked the question by who? Then what will be the driver response?
I don’t answer questions is all I ever say.
These are all good suggestions; however my personal recommendation on how not to get arrested for drink driving is just to not drink and drive! I know, it's simple but it works!
@crand20033
Жыл бұрын
Not if you just pulled out of a bar parking lot and it's 2 O'Clock on a Sunday morning.
@Ninurtha1
Жыл бұрын
@@crand20033 Thats exactly what happened to someone I know . They were waiting outside the bar and followed him then pulled him over when he ran a red light .
@crand20033
Жыл бұрын
@@Ninurtha1 They pulled me over after I pulled out of a brightly lit up parking lot because I hadn't turned on headlights yet as there was no need to.
In Michigan, if you operate a vehicle on roadways, highways or interstates, you have automatically consented (or given permission) to being tested through chemical means if you are arrested for a drunk driving offense. The first implied consent law was passed in Michigan in 1970; prior to this law motorists could refuse to take chemical tests (breath, blood, urine) requested by an arresting police officer, but it essentially meant forfeiting the privilege to drive on the roadways in the state where the individual refused testing
Just say no
i hope if i get into problems withthe law you would be my lawer i hope you have a office in fla. thank you
But by saying that I've been advised not to answer your questions to the officer, does that mean that I'm still not going to end up getting a DUI is there a loophole do I need to be filming this on my phone while I'm saying this stuff let me know thanks
Nothing neutralizes police questioning like straight silence. A little uncomfortable at first, but they get it very quickly. Then you start asking the questions they have to answer.
When the cop asked me if I had been drinking at the DUI check point, he was sniffing obviously when I spoke. Isn't that all the probable cause he needs, is smell of alcohol on my breath even if I say what is in this video?
I think the cop will see through that. They're a shrewd bunch, they know that if I hadn't been drinking I'd probably just say "no".
The problem with this is that you can't reject the breathalyzer or foot tests without getting arrested either way. I feel like there's no way out of that situation
@Daniel--zt5wh
2 жыл бұрын
Color of law Title 18, u.s.c. Section 242 Depravation of rights under color of law
@mcr07189
2 жыл бұрын
It is not the law that you must take any of these tests, if you do or if you dont these scumbags would still arrest you ; but , if you dont you're better off at trial . Dui is a money generator for the state. One advice, buy yourself 3 dash cameras place I to front 1 rear and 1 inside vehicle to record speed and to be turn towards the pig when IT comes to your window.
@eyeswideopen8348
2 жыл бұрын
@@mcr07189 most citizens can't believe Cops can arrest citizens NOT impaired Cops have maybe 24 hours of DUI training...before arresting you!
@martinmoffitt4702
2 жыл бұрын
Yes there is DO NOT DRINK and DRIVE...
@eyeswideopen8348
2 жыл бұрын
@@martinmoffitt4702 not so fast Martin, citizens are arrested for DUI that are not impaired. I have spend thousands of hours reviewing cops videos cams and DUI arrest reports , reviewing Prosecutor "DECLINE to Prosecute letters" and some of these are NOT just mistakes by Cops but intentional mistakes to bring up the Stats on DUI for Federal grants, funding etc etc.
If you are really drunk you should actually say “Yes I have been drinking and you should get me off the road because I am a danger to myself and others.”
@warriormanmaxx8991
Жыл бұрын
@nickgrillo3515 - explain ... are you a licensed attorney in a U.S. state?!? Or is the above a ... "joke?" If the latter ... you are NOT funny !!! ehhh?
You should state" I don't answer questions"if you don't. . enjoy your RIDE!!
Say yes
I like to say "Drinking what?" Drinking can mean many things... It can mean drinking Water. drinking pop, drinking alcohol. Drinking does not mean alcohol.. by definition "take (a liquid) into the mouth and swallow." A proper question would be, have you had any alcoholic beverages tonight? troy*
@DragonAurora
6 жыл бұрын
Well if a cop asks if I've "had" any alcoholic beverages, I'll say "Yes sir, I did have some in my possession while driving home from the liquor store earlier. I just put them in the fridge and headed back out the door."
Amazing, gonna get wasted and go try this right away!
What are the potential pitfalls if you haven't been drinking and you say "no?"
@DaveStarks-ku2jd
5 ай бұрын
Then they will arrest you for being high
You should ask the officer if they are supposed to read you your Miranda rights if they ask incriminating questions. You have to realize that they have stopped you because they believe you’re impaired, you do not have to answer any questions. If they ask for your license or auto information, you are required to give it by law but you are not required to answer their questions, even if they read you Miranda warnings. Protect yourselves at all times...
How about telling the truth and staying off the road when Im on it
I always say, Yes I have been drinking.......I had sweet tea, a Dr. Pepper, and a water with honey, not only that but it was damn good too.
@mexdaman7945
2 жыл бұрын
That’s retarded
@warriormanmaxx8991
Жыл бұрын
Hey @ArtistBrianSheffield - No! You do not say that bull-crap above !! Ehhh?
An admission to drinking alone is not enough to satisfy probable cause for DUI in Illlinois. Illinois v. Boomer, 325 Ill.App.3d 206 (2d dist 2001).
If you say that you've had nothing to drink and subsequent blood or breath tests show the presence of alcohol in your system you've then proven yourself to be a liar, which will destroy any credibility you might have had if you had to testify in court. I would simply say to that question that I'm not refusing to answer questions and would like to help the police but if I am now under investigation for a criminal offense I want to invoke my constitutional rights to have a lawyer present to ensure that my rights are protected before answering any questions.
@DaveStarks-ku2jd
5 ай бұрын
Perfect
Dont you know what a yellow light means? " Yup hurry up for it turns Red".
Just say no. It's not that hard
This answer will get you under suspicion in a second and cop will now call for backup. Now you have 2+ set of eyes looking at you. Take your odds just say confidently “NO”. A true lawyer would argue that “drinking” is a very vague word. Drinking water, milk, alcohol? Drinking tonight? Its 1 am, you drank 2 hours ago, technically day ago at this point. Those lawyers are part of the same DUI money making scheme. They only settle, rarely go to trial, because it actually requires them to do work. If you end up blowing over the limit, lying to officer about not drinking will not be a charge in your case. It will be a DUI.
I ain't drunk, I'm just drinkin'
Then they'll ask why aren't inclined to answer
They will just ask you to submit to a breathalyzer and if you refuse, its automatic license susp and probable dui in GA.
If the police can use your answer to that question against you then they should have to advise you of that fact as in Miranda !
I have been a licensed driver for over 60 years and never been asked that question. I wonder why.
@DaveStarks-ku2jd
5 ай бұрын
Probably cause you're a cop
Not today.
Ask if he/ she is buying not good
HAVE AN ATTORNEYS CARD WITH YOU AT ALL TIMES ( EVEN IF YOU ARE NOT REPRESENTED BY HIM OR HER ) IT'S LIKE KRYPTONITE TO COPS . SIMPLY HAND THEM THE CARD AND SAY " I'M NOT ANSWERING ANY QUESTIONS OR SIGNING ANYTHING UNLESS MY ATTORNEY IS PRESENT " I SWEAR THIS HAS WORKED FOR ME FOR YEARS ON TRAFFIC STOPS .
Slurred speech, bloodshot eyes, odor of alcohol about the person, you are going to the station, no matter what you say. Me-retired cop.
your only chance of getting out of a possible dui is to tell the officer I was working out, I don't drink sir
I'm not at liberty to answer any questions without legal representation. Have a safe night/day officer.
yea i been drinking.... i just had a coffee
@erikbaran7197
8 жыл бұрын
Yeah, be a smart ass to a cop. Always a good idea.
@steves009
8 жыл бұрын
+Erik Baran but its not lying its not taking the piss at all. its just the way some would take it. I always drink and drive..... coffee
@erikbaran7197
8 жыл бұрын
Stephen Smith Regardless, cops aren't usually in a humorous mood when they're pulling someone over. Too many have died during a traffic stop for them to think it's an episode of Make Me Laugh or to appreciate your nit picking. And you think you're the first to give them that line? Doubtful. You have the right to remain silent, use it.
@steves009
8 жыл бұрын
if silent that must mean you have something to hide
@steves009
8 жыл бұрын
that and American cops dont have a sense of humor.
what the problem is occifer!
"have you been drinking?" is loaded and open ended. pigs needs to be more specific
Police here (in NY) will tell you they smell alcohol on you and that’s all they need to administer a field sobriety test. You can refuse it and say you’ll take a breathylizer, but then you’ll be placed in handcuffs and detained on suspicion of drunk driving.
@Mouserjan0222
Жыл бұрын
Field Sobrity test are not mandatory but I guess you don't care about that
"If you have nothing to hide, you won't mind answering a few questions." --- Heinrich Himler
Or, you know, just don't drink and drive
All the years I drank and drove I never got pulled over. Now that I am sober and older I get pulled over all the time. Go figure.
wtf if the 5th thing you talking about?
A Kid was killed here in stockton by a drunk driver, he was a high school football player, sad for the parents losing a kid with a future ahead of him.
How is this ethical?
I don't drink and drive, I just sip at stop lights
" I don't answer questions. "
The cop said "can you tell me how much you've had to drink? " I said "isn't that YOUR job?" Then I said "how long is this gonna take?" Guess what happened.
what seems to be the officer problem?
Cop- have you been drinking? Me- drinking and smoking joints is a bad mix
There is a village in Alaska where the weather is horrible. If caught driving drunk the police will stop you from walking home and make you drive instead.
Not admitting doesn't change the fact you can still get charged.
Best to say "have YOU?" and they would normally say "touche" and walk away