You get pulled over and the cop asks you: “Have you been drinking?” If you have been drinking, what should you say? Whether true or not, it is often reported that most people will answer, yes, but only one or two drinks. Well, the officer isn’t going to think, “okay, that’s not so much, I’ll let it pass.” That answer is going to be used by the officer to establish the officer’s suspicion that you are driving under the influence. From that point forward, the officer will probably ask you to exit the vehicle and submit to a Field Sobriety Test (FST). The officer’s goal is to establish probable cause to arrest you for driving under the influence.
It’s a bad idea to admit to any consumption of alcohol to the officer’s question, but you shouldn’t lie – that could get you in more hot water later on. What you should do is tell the officer that you respectfully decline to answer the question. Now, you may think this will cause the officer to suspect that you have indeed been drinking. And that may be true. But it is your legal right to decline to answer the question, as it is also your legal right to decline the FSTs, as you should—FSTs, including roadside breathalyzer tests, are voluntary. The officer’s questions and any FST are designed to establish probable cause to arrest you for driving under the influence.
If you don’t answer the officer’s questions or submit to FSTs, you can still be arrested for driving under the influence if the officer believes you are under the influence, but there will be less evidence supporting the arrest. It is important to know that once you are arrested, you cannot refuse a chemical test (blood or breath) without facing serious penalties. But depending on the result of that test, the prior observations of the officer may mean the difference between a DUI conviction and a dismissal of the charge or a conviction on a lesser charge.