So I’ve been asked, “If I get pulled over and the officer asks if I’ve been drinking, what should I tell him?” The answer to that question is nothing. You have a 5th Amendment right to remain silent and you should do so.
What do you do if an officer asks "have you been drinking?"
If you find yourself being pulled over for a traffic infraction and the officer starts asking you questions such as “where are you coming from” or “have you had anything to drink?”, you’re not required to answer. The best and most polite response is “I assert my fifth amendment right” and then simply remain silent. You may still have to do field sobriety exercises, but you do not have to admit you have been drinking or consuming drugs.
If you have any other DUI related questions, download our guide ‘What You MUST Know About Your DUI Case Before You Do Anything’ here.