If, at a traffic stop, a police officer asks you if you'd had anything to drink? Do you have to answer?

Question

Just curious, from a purely legal standpoint. A 5th Amendment situation? If not, why not?

Answer 1

no you don't have to. it is common courtesy too. but usually its ok to lie to the cops , especially in a situation like that. What you wanna do is tell them you've used acudiochydone for a cancer condtion, and it's made you very sleepy. Ask if they can call someone to come pick you up. play tired.  

Answer 2

If we ask you if you had anything to drink, we already know you have had something to drink.  So, no, you most definitely do not have to answer any questions and it will not harm you in any fashion.  We will look at things such as eyes, stance, walk, smell, slurred speech, and the breath/alcohol sample taken, and if you don't give that then you will not only lose your license as the smart guy answered with his advice added but you will not get a restricted license to drive to and from work or to ASAP meetings, etc.  

Answer 3

.   YOu have to produce your license and you have to tell your name. Anything else is your choice.

Answer 4

You don't have to answer the question but it will make the Officer more suspicious.  If someone lies and tells me they haven't been drinking when I can smell alcohol then I just assume they are drunk and they are fully aware of their level of intoxication (or why would they lie to me?).  Remember most of the time you encounter the Police the chances are that it is not going to be that Officer's first day on the job.  If you start trying to yank his/her chain they're probably going to charge you with everything in the book for trying to yank him around.

Answer 5

Why wouldn't you? If you plead the fifth you'll be there all night. If you haven't had anything to drink say no, if you have say no anyway. Never take a sobriety test (walk a straight line nonsense 50% of sober people fail those tests.) Depending on your state don't take the Breathalyzer or agree to give blood just say I'm not doing anything until I take to a lawyer.

Yes you'll automatically lose your license but you're gonna lose it anyway. but it's highly unlikely a prosecutor will try you for a DUI without evidence (if you're so drunk it shows on dash-cam then you need to be charged)  In a year the whole matter will be gone. In 50 years that DUI will still haunt you. In one or two states they can forcibly draw blood. Not at the hospital, one cop will hold you down while another draws blood is that not the most third world backwards polocy you ever heard? Just say I have AIDS I bet they decide not to draw.  

Answer 6

Yes or they will suspect that you had something to drink.

If you did, just say no lol

Answer 7

No, you don't have to answer.  However, if an officer asks you if you have had anything to drink, chances are he/she already knows that you have.  Personally, I don't ask this question if I already know the answer.  Instead, I ask "How much have you had to drink?"  The answer is rarely "nothing."  The standard answer is usually "a couple."  

Just to falsify some of the postings that I have read, blood can and will be drawn from a person upon the issue of a warrant.  If the officer supplies a judge with sufficient probable cause, the judge will issue the warrant.  This judge can be woken up in the middle of the night for the presentation of the probable cause.

My suggestion is to tell the truth.  This will avoid an unnecessary, lengthy period of detention if you have only consumed a glass of wine, a beer, etc.  If evidence of impairment while one is operating a vehicle exists, it will be found.  The safest way to go out and have a good time, is to find a designated driver or call a cab.

Answer 8

well yea. but if you refuse to take a test you get your license taken away so its best to just be truthful

Answer 9

Do you have to answer... yes... truthfully... no... You can tell the officer whatever you want to his questions until you are under oath..