Should I tell the police that I had “just one drink”?

Answer:
No. You have no obligation to answer any questions from an officer during a DUI stop. If you’re nervous and unsure what to say, simply and politely tell the officer you won’t be answering questions. If you’re facing a DUI charge, call us and let us help.

You Have No Legal Obligation to Answer

The Fifth Amendment right against self-incrimination doesn’t switch on only after an arrest — it applies the moment an officer starts asking questions that could be used against you, including “have you been drinking tonight?” during a roadside stop. You’re free to decline to answer substantive questions about drinking, where you’re coming from, or how much you had.

Why Officers Don’t Have to Read You Your Rights First

A lot of people assume an officer has to “Mirandize” them before anything they say can be used in court. That’s not how it works at the roadside stage. In Berkemer v. McCarty, 468 U.S. 420 (1984), the U.S. Supreme Court held that an ordinary traffic stop isn’t “custody” for Miranda purposes, so officers can ask questions without any warning at all, and whatever you say is fully usable as evidence. That’s exactly why the moment to be careful isn’t after you’re arrested — it’s during the conversation at your window.

Why “Just One Drink” Is Exactly What Officers Are Listening For

Officers ask about drinking as a matter of routine, and any admission — even a single drink — becomes a building block in the case. Paired with something like slightly bloodshot eyes, a normal amount of nervousness, or a minor driving mistake, an admission of drinking is often exactly the piece of corroborating evidence a “less safe” DUI theory needs. It doesn’t matter that one drink genuinely wouldn’t impair most people; what matters is that you’ve now confirmed alcohol was involved at all.

Silence Alone Isn’t Enough — You Have to Say So

Simply refusing to answer or going quiet doesn’t automatically protect you, either. In Salinas v. Texas, 570 U.S. 178 (2013), the U.S. Supreme Court held that the right to remain silent generally has to be expressly invoked to count — staying mute during a voluntary, pre-arrest conversation can be treated as ambiguous rather than as an assertion of your rights. That’s exactly why politely stating out loud that you won’t be answering questions matters more than just staying quiet and hoping it’s understood.

What You Are Still Required to Provide

Declining to answer investigative questions isn’t the same as refusing to cooperate at all. You’re still expected to provide your license, registration, and proof of insurance when asked. The distinction is between routine identification, which you have to provide, and substantive questions about your evening, which you don’t.

What to Do Next

If you’re facing a DUI charge, call us and let us help.

5 Star Rating

Brett and his team were beyond supportive, helpful, gracious, caring and knowledgeable! We went through the most challenging and difficult time in our life and he was there every step of the way. With results we could never have imagined but definitely prayed for.

Not to mention his level of professionalism. From the first time we spoke to the first time we saw him in court. He stood out from almost every other attorney there. We were so appreciative that our attorney looked and was so professional, pulled together and prepared. When so many others were none of these things.

Thank you just doesn’t seem like enough to convey our feelings and appreciation.

Karen L.

5 Star Rating

I tried to write this several times and it brought me to tears. First may I say this has been the hardest three years of my life. Five lawyers I interviewed and none even understood the law as it applied to my case. So I thought I would try one more and it was Brett. From our first conversation together I knew he understood the law and was the perfect one for the case. I want to say how he prepared the case and presented it, achieving a full dismissal and ruling the police violated my first amendment rights. Complete genius!!!!

If you're reading this review and unsure, stop...call Brett. He always returned my call or texts within a couple hours, never more than 24 hours. He was always courteous and knowledgeable, trust me he talked me off the ledge a couple times. I would have given him 10 stars but 5 was the only option. Thank you Brett for all you did for me!!!!!