20 Dec What To Say When A Cop Asks “Have You Been Drinking?”
You are NOT legally required to incriminate yourself. We are not saying you should lie to the cops, but we are saying that you are not required to say anything that can be used against you in court.
Anyone who has ever received a DUI will tell you that it is one of the worst experiences you can have. If you are convicted of driving under the influence of a substance that can impair your judgment (alcohol, hard drugs, marijuana or even some prescription drugs) you are going to face some stiff penalties. This isn’t just about Nevada or Las Vegas, every state in the country is pretty harsh when it comes to driving under the influence. While there may be different penalties for a conviction in different states, here in Las Vegas you can pretty much expect to lose your license for a year, potentially spend up to 6 months in jail and face a $1160 fine. You could also be required to attend DUI school or the Coroner Program (which forces you to look at graphic accident photos in order to make you understand how much damage drunk driving can do.) These are all penalties that are pretty harsh, and are designed to teach you the lesson that you should never operate a motor vehicle while you are drunk. For the purposes of this article, we are going to assume that you already realize that fact, and it was just a mistake that you will not make again. With that said, here are a few tips that might make your sentence a little lighter if you are caught DUI, or maybe might get you off with just a warning.
If you see a DUI checkpoint ahead, do not turn around to try and avoid it. Once you are within eyesight range of a DUI checkpoint, you are considered to be within that checkpoint. This means that if you attempt to avoid the checkpoint you have presented enough suspicion that you can be pulled over. There is going to be a cop on a motorcycle looking for you to turn around, and if you do you are getting pulled over. Do not turn around, proceed to the checkpoint and get in line.
The cop has come up to your window and asked you if you have been drinking tonight. There is one answer to this question, and only one answer. The answer to this question is “No officer, I have not.” Say nothing more and nothing less. If you try and tell them that you have only had one beer and it was a long time ago, you have brought about enough suspicion to be pulled over. They are not going to let you go from a checkpoint with a warning, the very purpose of the checkpoint is to find people who have been drinking. If you tell them that you have been drinking tonight, then you have been drinking! There is no scale that they are judging your answer upon. If you answer yes to this question then you are getting pulled over. Answer NO to the question no matter what has been happening, if you have been drinking or not. If you have been drinking, they will probably realize it and pull you over anyway. If you have not been drinking then you have nothing to worry about. Just remember that when you are asked, the answer is always “NO” and if they do find that you are drunk the penalties for the crime are not going to be worse because you said no when asked. There is no reason to do their job for them.
Here is a video explaining what to do: https://www.facebook.com/thevegaslawyers/videos/278416829523995/
The best recommendation is not to drink and drive, ever. But if you have made a mistake, don’t make it worse on yourself.