What to say if you've had one drink and get pulled over

"BadMotorScooter" (badmotorscooter)
10/19/2014 at 20:45 • Filed to: None

If you have had one drink and get pulled over for any reason, how do you answer when the officer asks, "Have you been drinking tonight?"

If honesty is the best policy and you answer, "Why yes sir, I've had one drink tonight!" get ready for a battery of sobriety tests and breathalyzer. If you register, say, .02 BAC, well under the state limit, but admit to drinking and driving, will they just let you go on your way?

Or do you follow the advice to never admit to anything and say, "No sir", even if you have had one drink? If the officer smells alcohol he knows you are lying and would most likely give you the battery of sobriety tests anyway. Now you register .02 BAC and the officer has caught you in a lie. That is sure to not help the situation.

So, is this a situation where you should answer the question honestly if pulled over?

The best advice is to never drink and drive, not even one drink. But how do you handle a situation where you are completely legal and want to avoid additional scrutiny or tickets?

DISCUSSION (39)

jkm7680 > BadMotorScooter
10/19/2014 at 20:47

Maybe so, maybe not?

CB > BadMotorScooter
10/19/2014 at 20:49

Go with honesty. If you're under the limit, you won't be charged (unless you were driving dangerously).

His Stigness > BadMotorScooter
10/19/2014 at 20:52

If you've only had one drink and you know you're not over the legal limit then what is the advantage of telling him no? I can think of no advantage to lying about something so easy to disprove.

Sanettika > BadMotorScooter
10/19/2014 at 20:54

I wonder if this might not fall under the same rule as "Do you know why I pulled you over?" Anything you say will be used against you. I think I would probably go with not saying much at all, or better yet, not driving after drinking at all.

Aaron James > BadMotorScooter
10/19/2014 at 20:55

Never under any circumstances tell the truth. Best bet is to adamantly deny even driving in the first place. Tell the cop that he's under arrest for pulling you over, that always works.

BadMotorScooter > Sanettika
10/19/2014 at 21:03

That's the dilemma. Anything you say will be used against you. What if you get a speeding or other traffic ticket and you want to fight it. You're damned if you do, and damned if you don't.

samssun > BadMotorScooter
10/19/2014 at 21:03

Why is the best advice to not have a beer? Pretty unrealistic standard you've set...fine on a college campus or living downtown where you can walk or train to the bars. But once you leave that phase of your life, do you never plan to have two beers or some wine with dinner with your wife, family, friends, etc?

Officer: "Been drinking tonight?"

Me: "No, just a beer about an hour ago."

Officer: "Ok then, be careful."

macanamera > BadMotorScooter
10/19/2014 at 21:07

If you have only had one or two, you say "Yep, been drinking but only like 8 or 9 drinks in the last 30 minutes, officer."

Twingo Tamer - About to descend into project car hell. > BadMotorScooter
10/19/2014 at 21:08

What seems to be the officer problem?

BadMotorScooter > samssun
10/19/2014 at 21:13

If you are going to admit to drinking a beer an hour ago, then why qualify it with answering no. Seems like that would just raise suspicion. I'm guessing almost every drunk that gets pulled over says they have had a beer about an hour ago. I think it should either be, "Yes, just one beer about an hour ago" or, "No sir."

I agree with your premise though and that's why I asked the question. I am well into midlife and have wondered this as I'm having a glass of wine with friends at dinner.

samssun > BadMotorScooter
10/19/2014 at 21:21

Because "been drinking" was meant as under the influence. Same as when asked if you have a weapon on you: "no, just my pocket knife". You're rejecting a problem scenario (drunkenness or being a danger), while still being upfront about the actual, legitimate scenario (had a beer, carry a common tool).

Sanettika > BadMotorScooter
10/19/2014 at 21:31

Agreed. I dunno, it's an odd question. Hopefully no one here will ever be in a situation where they have to answer it :)

Dr. Zoidberg - RIP Oppo > BadMotorScooter
10/19/2014 at 21:31

I've always felt the first step is to never draw attention to yourself in the first place. Obey the rules of the road and keep your vehicle in legal standing.

davedave1111 > BadMotorScooter
10/19/2014 at 21:33

Outright lying to the police is generally a bad plan. Just tell them the truth. It's much better here, they'll just breathalyse you straight away, and if you're under the limit you're good to go.

Can you opt to go straight for the breath analysis to prove your innocence?

davedave1111 > samssun
10/19/2014 at 21:36

Even moderate amounts of alcohol do increase risk a bit.

Personally, I find that the first thing that goes when I have a drink is the willpower and common-sense not to drink more because I'm driving. I won't even have one beer if I have the car with me, these days, because I learnt my lesson when I was younger - never got in any trouble, but goddamn was I stupid.

'I'll drink but I'll stay under the limit' easily turns into 'I've been here long enough to have another and stay under the limit'.

OPPOsaurus WRX > BadMotorScooter
10/19/2014 at 21:52

I for pulled over for speeding. I had 2 beers with dinner the second of which I had finished just minutes before. He could smell it. I said two or for dinner had a beer. He asked a few questions, had me say the alphabet and count. I got off with a warning for 58 in a 35. Being respectful goes a long way. U can try the its none of your business shit but that's just going to pass him off and have him look for a reason to get you.

BadMotorScooter > davedave1111
10/19/2014 at 21:53

I don't think you can choose what sobriety test they may give you. Although I'm sure they'll give you one if you give them enough reason. You can choose to decline the breathalyzer, and instead opt for a blood test at a hospital.

OPPOsaurus WRX > Aaron James
10/19/2014 at 21:53

deny driving despite being in the drives seat when getting pulled over? I don't think he would even waste his time with a test

thebigbossyboss > Sanettika
10/19/2014 at 21:58

I have been asked many times. Never ever ever ever admit to the consumption of alcohol when piloting a motor vehicle. If you're sober it will save you the pain of the follow up, if you're drunk, you're going to get a ticket anyways.

Aaron James > OPPOsaurus WRX
10/19/2014 at 22:12

Kinja'd!!!

OPPOsaurus WRX > Aaron James
10/19/2014 at 22:25

Yep. I see it now that I re read it.

M54B30 > BadMotorScooter
10/19/2014 at 22:30

highway patrolman here - just admit to it. If you've been asked the question, they likely already know the answer. If you're under your states BAC limit, then you've done nothing wrong. But if someone tells me "no I haven't drank anything" and you blow a 0.03 or whatever, I'm kind of pissed off. Now im going to look in the car for open containers - and whatever else I may find that is less-than-legal. By saying you haven't drank when you have, you've lost all credibility and will be treated appropriately.

Fun fact: if we pull you over specifically, it's usually because the bar or bartender called and told us. He doesn't remember how much you drank - just that you finished your drink(s) and started fishing for car keys.

But yeah, if you're under the BAC, blow the pipe and just wait to be released.

Baeromez > BadMotorScooter
10/19/2014 at 22:36

To everyone saying that honesty is the best policy, and that they'll let you off if you're under the limit: YOU COULD NOT BE MORE WRONG.

In most places the legal limit is .08, the BAC at which the officer is REQUIRED to arrest you for DUI. However, if you blow even a .025 the officer may at his or her discretion determine that you are intoxicated and arrest you for DUI. If you admit to having JUST ONE drink the officer may at his or her discretion arrest you for DUI. If you say that you are tired the officer may arrest you for DUI. If you admit to nothing at all and blow a .000 the officer may still arrest you for DUI. Will it stick? Probably not, but you'll still have spent a night in jail and have a DUI arrest on your record (not to mention the cost of bail, a lawyer, court costs, and fines).

Police officers are not your friends. They are not there to protect you. They are barely even there to enforce laws. They are out there to make money and they will take every opportunity to do so. This even means creating an opportunity if necessary. They will attempt to trick you, either by telling you "it is illegal to lie to a police officer"(not true) or that "it will be easier on you if you tell the truth." The truth is that they are trying to make it easier on themselves , by getting you to confess.

I am NOT condoning drinking and driving in any way, but take it from someone who has gone through the wringer. "Anything you say can and will be held against you."

Baeromez > Baeromez
10/19/2014 at 22:42

Thought I'd just add that you should definitely always be respectful to the officer, just don't admit to anything EVER. It is on them to demonstrate the burden of proof. Don't do their jobs for them.

BKosher84 > davedave1111
10/20/2014 at 08:47

This! Drove home drunk once in my life in college (didn't get caught) and will NEVER do it again.. Ever. It was the scariest drive of my life even though I was only 10 minutes from my apartment.. Still, wasn't worth it.

Now I barely drink and when I do, it one beer and done situation.

I don't see the fascination with getting so drunk you 1. you pass out or 2. you don't remember things.. I just don't get it (now anyways..)

BKosher84 > BadMotorScooter
10/20/2014 at 08:49

In Ohio (and I think most states) if you deny the breathalyzer, it's an automagic arrest.

uofime > BKosher84
10/20/2014 at 10:10

less arrest more held for questioning, the questioning being having a blood test done. Pass the blood test and you're free to go.

doing this if you think you're over the limit is a good idea. those handheld breathalizers aren't 100% accurate and it'll surely take an hour to get hauled in and have the blood test administered, valuable time to sober up...

twochevrons > Twingo Tamer - About to descend into project car hell.
10/20/2014 at 10:37

"Good afterble constanoon!"

Sir_Stig: and toxic masculinity ruins the party again. > BKosher84
10/20/2014 at 10:40

I drove drunk once, never again. My dumb ass hadn't heard of keys please, and it was a choice of my (wasted) friend and brother driving (they were down 2+ bottle of wine each) or myself (One glass of wine and about two pints). I was so damn terrified/hyper aware the entire time, trying to get my friend to give me directions back to his place (he lived the next city over). Now I have one drink and I am done, and sometimes I won't even finish that one.

Captain of the Enterprise > BadMotorScooter
10/20/2014 at 14:50

Kinja'd!!!

Does this mean the crown vic era is officially over??

BadMotorScooter > M54B30
10/20/2014 at 22:00

If you pull a guy over and he says yeah I had a beer with dinner, would that automatically trigger the breathalyzer? Assuming he is well under the state limit, would that cause you to look for other possible infractions?

I have a ton of respect for law enforcement officers. You guys put your life on the line and deal with a lot of human trash in the process.

BadMotorScooter > Captain of the Enterprise
10/20/2014 at 22:00

I think so! I don't even look twice at white Crown Vics anymore...

M54B30 > BadMotorScooter
10/21/2014 at 00:26

With me, its not an automatic breathalyzer blow. If you tell me you had a beer an hour ago but you dont show any signs of intoxication then i wont bother. I might have you do some roadside sobriety excercises if its borderline.

But if you tell me you weren't drinking aafter a bar called and said you were leaving after drinking or you're showing signs of intoxication, we are running all the tests. The first thing you did was lie to me, no need to trust you now.

But if you tell me "look man, I had 2 beers with dinner but my last beer was an hour ago" and you're looking/smelling/acting fine I'll thank you for your honesty and cut you loose.

Captain of the Enterprise > BadMotorScooter
10/21/2014 at 09:16

I get a little exited when I see one now because they seem to all be chargers or tahoes right now.

George McNally > BadMotorScooter
10/22/2014 at 20:07

My policy? If I know I will be driving....no alcohol at all. If we are out to dinner- I will drink water or iced tea, it's not that big of a sacrifice-it costs a fortune to drink at a bar or restaurant :-)

Having said that, if I am home....

Kinja'd!!!

...I'll have no problem drinking 3 or 4 Guinness's over the course of an afternoon or evening.

BabylonSlim > BadMotorScooter
10/23/2014 at 11:25

I live in Arizona, where you can get popped for a DUI even if you blood alcohol level is below the legal limit. The arresting officer just needs to judge you as intoxicated (are police supposed to have judicial powers?). They've charged people with BACs of 0.0 with DUI here (coincidentally they were at odds with the sheriff's department at the time). So, in Arizona, the right answer is "I love Joe Arpio!".

William Getz > Sir_Stig: and toxic masculinity ruins the party again.
11/01/2014 at 20:32

When I was younger I might have one or two, but none these days. I have to hold a CDL for my job, and no drink or social situation is worth me losing my career. No big loss to me as I don't drink much anyway.

William Getz > BabylonSlim
11/01/2014 at 20:39

DUI/DWI isn't necessarily alcohol. Being drowsy from allergy pills or other medication can do it too, among many other things.

bullfrog7 > Baeromez
03/15/2016 at 15:15

Damn skippy. What he said.

Don’t ever be fooled by the “officer friendly” routine. If you are having an interaction with a LEO it is very likely an advesarial encounter whether you have done anything wrong or not