What to Say When Police Ask “Have you Been Drinking?”
February 8, 2018

When you are pulled over for suspicion of driving under the influence of alcohol, you are probably afraid of what could potentially happen to you. The next few minutes could lead to very serious consequences. That is why you should be prepared for the question most police officers ask drivers who are pulled over for DUI: “Have you been drinking?”

This question may seem harmless to you, but the way you respond could have a huge impact on whether you are arrested for DUI. Our experienced DUI lawyers have had many clients who answered this question the wrong way. That’s why we want to explain the best way to answer this question.

What Officers Need to Arrest You for DUI (VC 23512)

In order to place you under arrest for DUI, all a police officer needs is “probable cause.” This essentially means that the facts and circumstances within the police officer’s knowledge would lead a reasonable person to believe that you committed a crime. Probab

le cause cannot come from an officer’s own suspicion, but must come from specific facts and circumstances.

Therefore, if you wish to avoid arrest, you do not want to give the officer probable cause to arrest you. So, how do you answer the question “have you been drinking?” in a way that is not a lie and doesn’t cause the officer to have probable cause to arrest you?

“I’ve Had Two Beers” (VC 31)

For some reason, a common response to “have you been drinking?” is “Yes, I had two beers.”

People usually settle on “two beers” because they believe the officer will accept this answer and because they think two beers is not enough to impair your driving. However, admitting to drinking “two beers” is not a good answer.

When a police officer asks “have you been drinking?” the goal is to try to get you to admit to drinking. An admission that you consumed alcohol is enough to establish probable cause to arrest you. If you tell a police officer you had two beers when in fact you know that is not the truth, you are lying to a police officer. Lying to a police officer is a separate crime pursuant to California Vehicle Code Section 31. A conviction for this crime could result in you serving up to six months in county jail and paying up to $1,000 in fines.

So, what is the proper response to “have you been drinking?”

What to Say When Police Ask “Have You Been Drinking?”

If you have not been drinking, you can honestly answer “no” to this question. However, if you consumed even the tiniest amount of alcohol, you should not lie and also should avoid incriminating yourself.

What we advise everyone who we have represented, as well as all of our personal friends, is merely to answer the officer by saying, “I have been advised by a very experienced law firm not to answer any questions”

There are two good reasons to give this answer. First, it is the truth because Wallin & Klarich is a very experienced law firm, and we are advising you not to answer the officer’s questions.

Second, and most importantly, your answer will not incriminate you in any way. This answer will not provide the police officer with any ammunition to later testify that your statements provided him the probable cause he needed in order to arrest you.

Speak to Our Skilled DUI Defense Attorneys at Wallin & Klarich Today

You should not face DUI charges without the help of an experienced DUI defense attorney. Our skilled and knowledgeable DUI defense lawyers at Wallin & Klarich have been successfully defending clients facing DUI charges for more than 35 years. Let us help you now.

With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, there is an experienced Wallin & Klarich DUI defense attorney available near you no matter where you work or live.

Contact our DUI law firm today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.

1 thought on “What to Say When Police Ask “Have you Been Drinking?””

  1. Good advice. As a retired cop, I can say I have heard the two beers thing many times. Many people think that by being compliant and cooperative, the cop will show mercy. Mostly not the case, especially if you are dealing with a cop specifically assigned to traffic duty. If a cop can smell even a hint of booze, and they will, you are likely going for a ride. My best advice is, dont drink and drive.
    The answer you supplied will not end the investigation, but it wont screw you up worse than you already are. The less you say, the better off you are.

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