What to say when police ask, "Have you been drinking?"

Описание: 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.

❗DISCLAIMER❗

We are not your lawyer. All content provided is for informational purposes only and not for the purpose of providing legal advice. Any verdicts, settlements or other case results discussed are not guaranteed and must be evaluated on their own merits.

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