So maybe you have had a couple drinks with friends and you don’t feel intoxicated while driving to your destination…but then you see blue lights in your rear view mirror.  The feeling of panic consumes you and you begin to contemplate what should you do?  Will the officer know I have been drinking and if so what should I say?  Well generally I would say it is best to be honest because it is likely the officer will already know you have been drinking once he approaches your driver’s side window.  However, then again I would venture to say the answer to the question “have you been drinking” may depend.

DWI AttorneyAs a former police officer when I made traffic stops I would try to detect the odor of alcohol or other illegal substances during the stop.  Now with this being said I was not always able to detect that someone had been drinking, especially in situation where the driver had a couple drinks (and I mean quite literally a couple drinks, not I had five drinks but I am just saying a couple to make it sound better) because the odor was not there.  The truth is if you tell an officer you have had something to drink it is likely he is going to ask you to do sobriety testing.  Sobriety testing is voluntarily and if you are asked to complete this test please say no.

If you feel like you light headed after having a couple drinks honestly you probably should not drive at all, after all it is better to be safe.  However should you be pulled over and asked if you have anything to drink it is probably better to be honest.  If you have been drinking just say you had been drinking earlier, but you do not have to divulge details. The answer I had a couple drinks earlier in the day is likely still the best answer.   If you are asked to complete field sobriety testing decline to do so.  This is not by any means ways of giving advice on how to get drunk then drive home, however it is legal to have a drink or two and drive home as long as you are within the legal limit.  This is simply advice on how to best protect your legal interest if you are operating within the parameters of the law.

It is important to have your rights protected should you be accused of driving while intoxicated. If you should find yourself in a situation where you have been charged with a DWI you need to contact an attorney who has the experience and knowledge necessary to handle your case with the care it deserves. For a private, confidential consultation with one of our experienced DWI lawyers, please call 704-499-9000 or toll-free 877-374-5999 even on weekends or holidays. Visit our main page here.