If the police officer asks me if I have been drinking, what should I say?

If the officer asks whether you have you been drinking, your answer will be a significant factor in the officer’s decision regarding whether to arrest you. Since the question is accusatory in nature, you should politely and respectfully ask the officer, “Am I under arrest?” If the officer persists in questioning you, you should, again, politely and respectfully, decline to answer. One good response: “I would like to speak with a lawyer before I answer any questions.”

Please remember that the officer does have a right to ask certain routine questions. For example, you should give the officer your name, address, date of birth, etc. if asked. When the officer inquires into drinking, however, politely ask for a lawyer. The officer will then probably say that you do not have a right to a lawyer and ask you to answer the question. At this point, your best course of action would be to respectfully and politely decline to answer.