When you are stopped for a suspected DUI one of the first things the police officer will ask is “Have you been drinking?” The answer to this question may seem straightforward but the way you respond can have serious legal implications. Continue reading to learn how best to respond when an officer asks if you have been drinking. For representation in a drunk driving case or skilled legal advice, contact a Memphis DUI defense lawyer.
Is it Illegal to Lie to the Police in Tennessee?
It is generally illegal to knowingly lie to a police officer. Providing law enforcement with false information is unlawful and can result in legal repercussions. Whether you are attempting to protect yourself or making false allegations against another person, lying to a police officer can be considered an obstruction of justice.
Because lying to the police is illegal it is important not to present them with false information when asked if you have been drinking. However, just because you should not lie does not mean that you have to admit guilt.
What is the Best Way to Respond When an Officer Asks If I Have Been Drinking?
If you have not been drinking then the best response you can give when asked is “no.” Simply tell the truth that you have not consumed any alcohol at all that night. However, having even one drink can change the entire scenario.
If you have been drinking, even one or two, the best thing that you can say when asked about it is some version of “I would rather not answer that without speaking with my attorney first.”
Under the Fifth Amendment, you have the right to avoid self-incriminating questions so it is well within your rights to refuse to respond. You can even remain silent if you would like or ask to speak to a lawyer.
What if I Say Yes?
You can answer yes if you choose. If you have only had one or two drinks and you are positive that you are not intoxicated then it may be okay to answer honestly. It is important to note that by admitting to consuming alcohol the police officer now has probable cause to perform certain tests to assess your impairment.
If you answer yes when asked if you have been drinking the officer will likely ask you to perform both field sobriety tests and a breathalyzer test. Field sobriety tests can include standing on one leg, walking and turning, the horizontal gaze test, and more. These tests assess your balance and coordination to determine if the alcohol you consumed has impaired your ability to safely operate a motor vehicle. These tests can be difficult even if you have not been drinking.
The breathalyzer test is a common way to measure blood alcohol content (BAC). If you are asked to take this test you should know that you have the right to refuse. However, doing so can come with legal consequences like a one-year license suspension.
