What to Say if an Officer Asks Whether You Have Been Drinking

The flashing blue lights in your rearview mirror trigger an immediate rush of anxiety, and that anxiety intensifies when an officer approaches your window and asks whether you have been drinking. Your response carries significant legal weight and can dramatically affect the outcome of any subsequent criminal proceedings.

At Brad L Richardson, our drunk driving defense lawyer helps South Carolina drivers protect their rights during traffic stops and defends against DUI charges with proven strategies.

How to Respond When a Police Officer Asks If You’ve Been Drinking

The Fifth Amendment protects your right to remain silent, and you can exercise this right during a traffic stop. You are not required to answer questions about alcohol consumption, your whereabouts, or how much you drank. Anything you say can be used as evidence in court.

You can politely decline by saying, “I respectfully choose not to answer that question” or “I am exercising my right to remain silent,” and inform the officer that, on the advice of counsel, you will not respond. Stay calm, keep your hands visible, and speak respectfully throughout the encounter.

Do Not Lie to the Police

While you have the right to remain silent, you do not have the right to provide false information to law enforcement officers. Making false statements to police constitutes a criminal offense in South Carolina (16-17-725) that can result in additional charges beyond any DUI allegation.

Dashboard cameras and police body cams record every word you speak and every action you take during the stop. All recorded footage becomes part of the evidence file and will appear at trial if your case proceeds to court.

Refusal of Breathalyzer and Field Sobriety Tests

South Carolina’s implied consent law means you agreed to submit to chemical testing when you received your driver’s license. Refusing the official breath test at the station triggers automatic license suspension through the Department of Motor Vehicles.

First-time refusals result in a six-month suspension, with longer suspension periods for subsequent refusals. When you provide a breath sample that registers at or above 0.08%, you hand prosecutors concrete evidence they will present against you at trial.

Officers can charge you with Driving with an Unlawful Alcohol Concentration under South Carolina law, an offense that carries penalties substantially identical to standard DUI charges. Your breath test result becomes the centerpiece of the prosecution’s case.

Contact Our South Carolina DUI Defense Lawyer

Were you recently stopped and questioned about drinking before driving in South Carolina? The actions you take now directly impact your ability to defend against DUI charges and protect your driving privileges. An experienced DUI defense attorney can review the circumstances of your stop, identify constitutional violations, challenge improperly obtained evidence, and fight for the best possible resolution. Call 843-488-4321 to schedule a consultation today.