Almost all Tennessee DUI investigations start out with that simple question once you have been stopped. Most folks don’t know their rights. So they admit to a couple of drinks or wine with dinner. Here are some ideas on how to respond to a police officers questions about drinking.
- Do not lie to the police officer. For example, do not deny drinking. A police officer might get a search warrant for your blood alcohol level. A positive blood alcohol test makes you look like a liar.
- Do not admit to having a couple of beers or wine. The admission creates probable cause for a DUI investigation. A recent case before the Tennessee Court of Criminal Appeals held that an admission of drinking creates probable cause for an arrest even though the accused passed all the field sobriety tests.
You are damned if you admit to drinking and damned if you deny drinking. What should you do ?
Exercise your constitutional rights. Here is an idea of what to say.
Officer Your question makes me think I am under an investigation for driving under the influence of alcohol. I will not make any statements and assert my constitutional right to remain silent. I will not answer any questions other than my name and address.
You cannot talk your way out of a DUI arrest. You cant perform field sobriety tests and go home. You are going to be arrested one way or another. Protect yourself and remain silent
There was a saying during World War II. Loose lips sink ships. Don’t sink your DUI case before it leaves the dock.