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If I am stopped and the officer asks me if I've been drinking, what should I say?
You are not required to answer potentially incriminating questions. There are basically three acceptable alternatives, each with its own potential consequences.
One approach would be simply to ask, "Why are you stopping me, Officer?", even if it is at a sobriety checkpoint. When the officer asks, "Have you had anything to drink this evening?", simply say, "Officer, I do not wish to be delayed. Please do not delay me. I want to drive home". If the officer has no other basis to ask you out of the car, you will be on your way.
A polite, "I would like to speak with an attorney before I answer any questions", is also an appropriate reply. If you start with that answer, we suggest that you keep on giving that answer until you have consulted with an attorney.
A third reply – where appropriate (that means "true") -- might be saying that you had one or two beers. That would not be incriminating as they are not usually sufficient to cause intoxication -- and it may explain the odor of alcohol on the breath. However, it would be sufficient cause for the officer to have you take a field sobriety test.
(Updated August 30, 2007) |
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