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What Do I Say When a Police Officer Asks Me if I Have Been Drinking?

Remember, anything you say can be used against you in court, even if you haven’t been arrested yet. ¬†Police officers do not have to advise you of your Miranda right until after you are in custody, but you always have the right to not incriminate yourself. When a police officer asks you if you have been drinking, just politely respond: “Officer, on advice of counsel, I respectfully exercise my 5th Amendment right to remain silent.”

You do not have to answer any questions that can incriminate you. If asked, just as stated above. You may even tell the officer that you would like to speak to an attorney before responding to any questions. ¬†While this is unlikely to keep you from being arrested if the officer does suspect you of drinking, you won’t be giving him any more evidence to use against you later on in court. When it comes to law enforcement stops, the less you say, the better.

And it is always best to have your lawyer do the talking for you.

Contact Sacramento DUI Attorney Matthew C. Tabo at The Tabo Law Firm, (916) 504-2660, for a consultation.

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