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How to answer, "Have you been drinking?"

Oklahoma is one of the most dangerous states for driving while under the influence. In 2016, 242 people sustained serious injuries as a result of drunk drivers.

No one should ever operate a vehicle after consuming alcohol. However, after having one beer for dinner, most people do not see the harm in driving home. In this instance, a police officer may pull you over and ask, "Have you had anything to drink this evening?" To avoid a DUI arrest, there are ways to go about answering this question.


The easiest thing to say is simply, "No." If you genuinely had nothing to drink, then this is the way to go. Even if you legitimately had one beer several hours ago, you can get away with saying it because the alcohol has likely left your system at this point. 

However, you need to be cautious of replying "no" if you had more than one drink. Lying may seem like a good option, but if the officer conducts a breathalyzer test and your blood alcohol concentration is anything other than 0.00, then the cop has caught you as a liar. You damage your credibility when the case goes to court because the cop can say how you lied. 

Refuse to answer the question

The officer may not tell you this, but you always have a right to remain silent. When the officer asks you how much you had to drink, you can state how you wish to avoid answering the question and how you want to speak to your attorney. 

The problem with being honest and saying how you only drank one or two beers is that the officer will assume you had a lot more to drink. Drivers who had a lot to drink prior to driving often try to get out of an arrest by saying they only had one or two drinks. To cops, it is essentially code for "I had something to drink, but not as much as you think." Do not admit to drinking anything. 

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