What to Say When a Police Officer Asks if You’ve Been Drinking (2026 Legal Advice)

Knowing what to say when a police officer asks if you’ve been drinking can help you navigate a stressful situation. It is best not to lie to a police officer, but you can say you prefer not to answer and request an attorney if you are arrested.

If you have been drinking and are over the legal blood alcohol (BAC) limit of 0.08, nothing can keep the officer from arresting you for drunk driving. But while avoiding a DUI arrest may not be possible, choosing the appropriate option for your particular situation may help your DUI case down the road.

Read on to learn what to say if a cop asks if you’ve been drinking. Need to find a lawyer after a drunk driver charge? Enter your ZIP in our free tool to find legal help near you.

Options for What to Say if a Cop Asks if You’ve Been Drinking

You have several options if you are stopped by law enforcement for suspicion of drunk driving and asked if you’ve had anything to drink. All of these options have their own potential consequences, depending on how much you’ve had to drink and the personality and mood of the individual officer handling the DUI stop and sobriety test.

Read More: If I’m pulled over, what types of DUI roadside tests can the officer ask me to perform?

Read on to learn what to say when pulled over and how to avoid a DUI when pulled over if you are below the legal limit.

Remaining Silent During a Drunk Driving Stop

If a law enforcement officer has stopped you for drunk driving, the first option is to remain silent. Although getting behind the wheel after drinking any amount of alcohol shows poor judgment, as long as you are under the legal BAC limit, you cannot be arrested for drunk driving. It is important to remember that under the Constitution, you have a right against self-incrimination with the right to silence.

This means that if you have been drinking, you do not have to answer the law enforcement officer’s question at all. You may answer with, “I’d rather not say,” and request to speak to an attorney. Depending on the state, you may not have a right to an attorney until you are asked to take a field sobriety test or until you are arrested.

However, the request for an attorney can never be used against you. This will let the officer know that you are aware of your rights. A competent DUI attorney can argue whether you had the right to an attorney at the time or not.

Complying With Officer Requests During a DUI Stop

Remember that the officer will be looking for signs of intoxication and can even use what you say in what may seem like small talk against you. While the officer does have the right to some information, such as your name and date of birth, you do not have to answer any incriminating questions.

You can still remain silent during anything the officer asks you to do. This way, they won’t be able to use any admission of guilt or denial against you later on. This does not mean that you won’t be arrested or tested for blood alcohol content, but it does mean that your attorney will be able to build a better defense if you do not say anything to the police that will assist them in charging you for a DUI.

Honesty During a Drunk Driving Stop

If asked questions by an officer, you may not remain silent during a traffic stop and instead choose to be honest at a DUI stop. Where it is appropriate and true, you can tell the officer that you have had one or two drinks. It’s also helpful to tell the officer the time of your first drink, as well as the time of your second.

As long as there has been at least an hour between each drink, this is not an incriminating statement to make. Further, it may explain the odor of alcohol on your breath.

However, this admission will often give the officer cause to request that you take a field sobriety test and a blood alcohol test. There is also the chance that the officer will believe that you’ve had only this much to drink. If the officer didn’t stop you for any other reason, he may let you go on your way.

Why You Should Never Lie if a Cop Asks if You’ve Been Drinking

Lying is the worst thing you can do during a drunk driving stop. Lying to a police officer is almost always futile and is the worst example of what to do if you get pulled over for a DUI. It will damage your credibility, which will hurt your case.

For instance, if you have had six drinks, and you tell the officer that you have had two drinks or nothing to drink at all, the officer will determine that you have lied to them once you take a Breathalyzer. This will always look bad to a judge and jury.

If you believe that you are over the legal BAC limit, the best case in this situation is to remain silent. Also, you should remember always to be respectful to the officer, as this will ensure the best treatment you can get. When the trial date for your DUI case finally arrives, the officer will not be able to use your bad attitude in court against you.

Consult a DUI attorney for advice on how to handle a drunk driving stop and how to prepare your DUI case after an arrest (Read More: What happens if you get a DUI?).

Case Studies: What to Say When Asked if You’ve Been Drinking

Now that you know what to say to a cop when pulled over, let’s look at some case examples of different scenarios.

Case Study #1: Remaining Silent During a Drunk Driving Stop

John is pulled over by a law enforcement officer for suspicion of drunk driving. He knows he hasn’t exceeded the legal blood alcohol limit, so he chooses to exercise his right to remain silent and asks to speak with an attorney.

Although he can’t talk to an attorney at this stage in some states, his request cannot be used against him. John’s decision to remain silent asserts his awareness of his constitutional rights.

Case Study #2: Complying With Officer Requests During a DUI Stop

Emily is stopped by an officer for a suspected DUI. She decides to comply with the officer’s non-incriminating requests, such as providing her license and registration. However, she chooses to remain silent when the officer asks if she has been drinking.

By refusing to answer incriminating questions, Emily aims to protect herself from providing evidence that could be used against her in a DUI case. Although compliance doesn’t guarantee avoidance of arrest or testing, refusing to answer incriminating questions allows her attorney to build a stronger defense (Learn More: Should You Hire a DUI/DWI Lawyer?).

Case Study #3: Honesty During a Drunk Driving Stop

Alex, who had one or two drinks within the legal limit, decides to be honest when asked by the officer if he has been drinking. He calmly states that he had a drink or two and mentions the time of each drink, ensuring there was sufficient time between them.

While the officer may request field sobriety and blood alcohol tests, it provides a reasonable explanation for the odor of alcohol on Alex’s breath. If the officer finds no other reason to suspect impaired driving, they may allow Alex to proceed without further consequences.

Case Study #4: Worst Defense During a Drunk Driving Stop

Sarah, who consumed more alcohol than the legal limit, chooses to lie about her drinking when questioned by the officer. She claims to have had fewer drinks or denies drinking altogether.

However, when she undergoes a Breathalyzer test, her high blood alcohol content contradicts her statements, damaging her credibility. Lying to a police officer undermines Sarah’s defense and may negatively influence the outcome of her case.

If you are still wondering what do you say if a cop asks if you’ve been drinking, honesty or silence is the best course of action. Lying can lead to more issues, as you can see in the case studies above.

How Drunk Driving Charges Affect Your Auto Insurance Rates

If you are pulled over for a DUI and convicted, it will have a long-term effect on your driving record. You can expect higher auto insurance rates for a while after your driving privileges are reinstated.

DUI Monthly Insurance Rates by Coverage Level & Provider

Rates will stay high for a few years after a DUI charge. How long a DUI will stay on your record depends on your state and the seriousness of the offense (Read More: How long does a DUI stay on your record?).

Remaining silent when a cop asks have you been drinking tonight and getting legal help right away if arrested for drunk driving can help you avoid a DUI charge and increased auto insurance rates.

What to Do if Pulled Over for DUI Checks: Answer Honestly or Remain Silent

While one of the things to do while drunk should never be driving, you may find yourself in a situation where an officer asks if you’ve been drinking. It is best to answer honestly if you are below the legal limit or say you’d prefer not to answer and wait until you can speak with an attorney after a sobriety test.

A lawyer can help you navigate DUI court if you are charged with drunk driving. Need help for an underage drinking or DUI charge after a field sobriety test? Find legal assistance today with our free tool.