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What should I have said when the officer asked if I had been drinking?

Before you answer any of the officer’s questions, answer one of your own – Will my answer to the officer help me or hurt me?   If you haven’t been drinking, it won’t hurt you to answer “No.”   If you tell the officer you have been drinking (no matter how many drinks) the officer will pull you out of the car to perform field sobriety tests.   You certainly should not lie to the police but before telling the officer you “only had two drinks”, consider whether it helps your or hurts you to acknowledge you have been drinking.   If you decide to not answer the question, be polite in your response.   For example: “I’d prefer not to answer that question officer” or “Officer, do you think I’ve been drinking?”  If the officer thinks you have been drinking t won’t necessarily avoid what happens next but at least you have not said something that could later be used as evidence against you.

Charles R. Segal
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Charles Segal is a an experienced attorney in the area of DWI, DUI, Felonies and all Criminal Defense matters.