What Do I Say If An Officer Asks "Have You Been Drinking?" | Matthew Konecky, P.A
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- Опубликовано: 7 май 2020
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What Do I Say If An Officer Asks "Have You Been Drinking?"
Officer, I know you understand I need to speak with my attorney.
"Yes sir. Thank you for being concerned about my hydration."
😂
The best answer I’ve ever heard was when the cop ask this old farmer if he had any beer in in his truck the old guy said “well that’s a stupid question.”
sorry officer ...
i've been advised by my legal counsel to not answer questions of this type without consulting them first
In all the videos I`ve seen the Officer NEVER asks, "Have you been drinking?!?" but "How MUCH have you had to drink?!?", a subtle but important difference. It assumes the affirmative, and hopes you will confirm that . Don`t do it!
That's called a loaded question. Like "when was the last time you beat your wife?"
great point!
"Have you stopped beating your wife?" 😁
"I don't have to answer your questions, officer, and I invoke my 5A and 6A rights to counsel and to remain silent. GO FUCK YOURSELF."
Trick question. I would quote, “Sometimes people don’t want to hear the truth because they don’t want their illusions destroyed.” Friedrich Nietzsche
I said yes. He asked how many drinks have I had and I said I lost count, I’ve been up drinking for almost 3 days. After a field sobriety test and a breathalyzer he asked what again but said alcoholic beverages. I responded none! I work for AT&T and I’ve been working on an outage and I’ve been up since Friday morning.
No one should not be drinking then driving, so this should never be a problem.
Good advise for ANY police interaction.
The answer is what this guy says or NO I have not been drinking. And you’re always coming from a church function. If it’s 2am? We went to church and then to play bridge…. If you say, I had a beer at lunch in Tennessee, you’re likely going to jail charged with stupid
Don't say anything--simple as that
You don't OWE that intrusive officer any "Yes" or "No" answer. Your answers should be, in order: (1) Invoke my right to "silence" (i.e., to not answer questions) (2) I want my attorney, and, if badgered and/or threatened if you don't "talk", (3) GO FUCK YOURSELF.
Yes sir I have been drinking. You have a powerful smell of alcohol. Really? . "When did you have your last drink?" Gee, about 15m ago. I even brought my drink with me. Here is what I have been drinking since around 5:30AM... It's water!!
If the ask me that specific question i respond by asking them to be more specific. "Have you been drinking?" Is an open ended loaded question.
In Nh you have to answer 4 questions if detained for traffic violation. N.H. Rev. Stat. Ann. §594:2
594:2 Questioning and Detaining Suspects.
“A peace officer may stop any person abroad whom he has reason to suspect is committing, has committed or is about to commit a crime, and may demand of him his name, address, business abroad and where he is going.” I was driving home from a gallery board of directors meeting, and forgot they changed the downhill speed signs as they often do in fall and spring. so I got stopped and told the lady cop I was at a art gallery meeting and going home. I was asked what did the board do directors talk about? I told her to call the president and that I now remaining silent. She let me go with a warning. Wheew….
So much for our motto, “live free or die” and the right to be secure and silent.
Thanks for the information on NH. Good job by getting the warning.
You are not required to give anything but your name. (And of course, present your driver's license and registration if you're driving.) _Hiibel v. Sixth Judicial District Court of Nevada,_ 542 U.S. 177 (2004)
The police are free to ASK about your address, your "business abroad" and where you are going, but *you are not required to answer.* _Terry v. Ohio,_ 392 U.S. 1 (1968)
(C'mon, Matthew, you should know this stuff! 😁)
New Hampshire - The Unconstitution State.
That is repugnant to the Constitution.
@@JustSayN2O I agree!
I would just answer "no" because I'm not an alcoholic and I don't drink and drive.
Entonces, si no conduces, ¿Cómo te ha parado el policía conduciendo?
wot wot wot wot wot wot?@@juancobos4025
for 12 years i worked until 2 to 4 am--i got pulled over about 8 times in those 12 years while going home--they always had some lame reason why they pulled me over and i would tell them i just left work and they would mumble something and i would be on my way--would guess 5 out the 8 times they never asked even for "papers"(dr lic,reg,insurance)...turning on all the lights inside my car i think helped
Any answer to that question other than a firm "No" will mean that the officer has to assume you have indeed been drinking and he will start the procedures for sobriety test, etc. If you sit there and refuse to answer, the officer will take that as a "Yes."
If a policeman asks have you been drinking? If the driver answers “NO” and then blows .06 which is under the legal limit and ‘no’ DUI charges laid. “But” can the driver ‘still’ be charged with the offence of ‘lying’ to police??
Of course, there's always the option of not drinking before driving...
So it's illegal in your mind to get a steak and a beer then drive?
@@DaveStarks-ku2jd If that brings your blood alcohol above the legal limit, yes.
@@zevfarkas5120 It won't
@@DaveStarks-ku2jd Your point being?
@@zevfarkas5120 My point is don't ever tell not to have a beer and drive.
Was that clear?
_"So I've been asked:_ 'If I get pulled over and the officer asks if I've been drinking, what should I tell him?' _The answer is nothing."_
Wrong answer.
*Correct answer:*
0:27 _"Politely say_ "I assert my 5th amendment right" _and remain silent."_
That's a crucial difference! The Supreme Court has ruled that your silence can be used against you unless you explicitly invoke your 5th amendment rights. _Salinas v. Texas,_ 570 U.S. 178 (2013)
It's a bad ruling based on pro- law enforcement bias and dishonest "logic", but it's the Supreme Court, so we're stuck with it.
This is why it is imperative that you know your rights and how to assert them. In the case of an interrogation (that is, any time a cop asks you a question), that means you have to *_speak up_* and *affirmatively invoke your 5th amendment right* to remain silent before actually remaining silent. (It's stupid, I know. But that's our glorious Supreme Court for ya.)
Yes, you must affirmatively and VERBALLY assert your right to remain "silent" (what IRONY), so, if the officer(s) is still pushy and tries to bully you, tell him/they to go fuck himself. Make it CLEAR you do NOT consent to any further detention, and keep asking if you're free to leave, like a BROKEN RECORD.
@@selfdo Yeah, the irony is so thick you can cut it with a knife. To remain silent, you have to *_speak up_* and assert your 5th amendment rights.
My preference would be to not invoke my right against self-incrimination. I remember (I think) that a court ( maybe the Supreme Court, I don't remember) once ruled that invoking the 5th can be used as evidence that a crime has occurred even if not as evidence of your involvement in the crime. No crime, no incrimination; that's the logic. In fact, it's not even really necessary for a court ruling. The police are doing an investigation. If you take the 5th, they decide themselves that there must be a crime and they keep digging. You don't take the 5th and they have no more evidence, perhaps they simply drop the investigation. So there's the individual reaction of the officer you are talking to that no court can really regulate.
Rather than the 5th, I would invoke my right to have my attorney present during any questioning. There's nothing that can be taken from that, not even from implication.
@@dalepres1 No, you've got things muddled up. Please go back and reread my initial comment.
The Supreme Court case you're thinking of is _Salinas v. Texas,_ which I cited in my comment. But that case does *_not_* say that invoking your constitutional rights can be held against you in court. Quite the opposite. Invoking your constitutional rights is the *_only_* thing that can *_help_* you. (Your constitutional rights wouldn't be worth much if invoking them could be used against you!)
If you *_don't_* invoke your 5th amendment right against self-incrimination, your silence can be used against you. If you *_do,_* it can't.
Some people (including you, apparently) think that if you invoke the 5th, the police will think you're guilty. So what? Who cares what they think? They think _everyone's_ guilty.
It doesn't matter what the police think. What matters is what the _jury_ thinks. And they won't know that you invoked the 5th because they won't be told that.
@@dalepres1 Your reasoning is grossly in error, sir. In fact, the courts all the way up to the SCOTUS have explicitly ruled that invoking one's 5A rights CANNOT be used as evidence, nor as an argument that the subject KNEW of his 'Guilt". If any Deputy DA raised that issue in court, in front of a jury, more than likely the defense counsel will move for at least a mis-trial, if not a directed verdict of "Not Guilty", based on prosecutorial misconduct. Furthermore, the judge will probably have a little "chat" with that Deputy DA AND his/her supervisor!
Narrowing the focus to the "have you been drinking" question, for me the answer is always "no" since I don't drink, can't stand the stuff. Ever since I discovered chocolate milk and grape juice I could never understand the allure of alcohol. So, I don't think I'd be opening up to much of an issue saying no, even though I understand the larger point of simply stating, "I don't answer questions".
Does grape juice and chocolate milk get you absolutely wasted? I dont think so
@@DoubleBruhMoment I'm assuming you mean "high" for "wasted"? Or perhaps you mean intoxicated as in not able to be aware of issues preferably gone from one's mind? Of course grape juice doesn't do that but, then again, I don't fully understand the value of such a state and, so, my original post.
I get high on life, luckily. Simple things like deep awe for all the miracles around me, riding my bicycle with friends, listening to birds chirping, astronomy, etc. is enough.
I'm quite ignorant of the enjoyment of being wasted, though I tried experiencing it once and didn't like it much.
@@lazurm Fair
Like a friend of mine who out drinks me 3:1 says, “Mick (my nickname) don’t drink!” I have 2-3, then go home to continue with a couple more.
i had a m8 who was pulled up by a cop when drunk, and the cop asked 'have you been drinking sir'. he was well pissed so said 'yes'. the cop then asked him to blow into the alcometer, and he then said 'don't you believe me?' - classic. btw he got an expected 12 month ban.
It sounds like this is advise for when you *have* been drinking.
I honestly would say to ignore this advice. The reason being is if you say nothing at all, and the police officer can smell that you have been drinking, or at least smell alcohol or weed in the car. The officer then has to go through checks, such as sobriety test, or Breathalyzer. If you fail both of those, a judge might give you a harder sentence because you said nothing. In the UK if I have had a drink, I would say yes office I have had a pint of lager an hour ago, that goes in my favour, because in the UK the police would be mad as hell being lied to. However, as soon as you say that, then they will ask for a breath test, if you fail that either because you do not want to take the test, or if you have a medical condition where you cannot blow hard enough, then they will arrest you on the spot, station and then a blood or urine test. If that comes back positive, it is just adding up to how a judge will view you, in that you have not pleaded guilty straight away, you have not complied with the police, you had them go to extra lengths to test you, and you have caused the public purse to be spent more. If you are an alcoholic, usually you can drink more than a normal person who might be near tea total. However, always remember never to drink and drive, if you want to kill yourself so be it, but when you kill someone because you should not be driving, then I would give you the death sentence if I could.
Rewatch the video and LISTEN this time. He did not say to say nothing but to say, "I invoke my 5th Amendment right to remain silent."
Its different when were along with the cops.
Like a bully
When the victim is half his size.
Not an issue here. I haven't had a single drop of alcohol for over 19 years.
Your being a confirmed Teetotaler (so was HITLER) might give you some sense of self-righteousness, but you don't owe the officer your medical and/or behavior history at all.
Nobody asked.
@@ObakuZenCenter and nobody was seeking your commentary.
Just don't drink and drive. When a cop asks me if I've been drinking I say no. If they ask me where I,m going I say home, or to the shop. Where I’m live it's that simple. We generally have a short conversation and I move on.
I'd like to comment, but I choose to remain silent! 😉👍
Except that you did in fact comment. A joke I know but adding anything at all when speaking with cops is not recommended.
@@ObakuZenCenter 👍
Good advice to keep the drunks on the road!
If asked if you have been drinking respond with "I invoke the fourth, fifth and sixth amendments".
I don't answer questions!
If a policeman asks have you been drinking.? If the driver answers “NO” and then blows .06 which is under the legal limit and ‘no’ DUI charges laid. “But” can the driver ‘still’ be charged with the offence of ‘lying’ to police.?
Great question. It depends on the State you are in and what statutes govern as well as the facts surrounding the answer. In Florida, 837.05 govern, false reports to law enforcement authorities. Also, a prosecutor is who would be the one to decide to prosecute if there was a potential violation of the law.
ya I drink enough .....but I'm not thirsty now....but thanks for asking....I know its good for me....they say six glasses a day ya no...
I made an odd turn into a parking lot in the evening and an officer stopped me and asked me that question.
I answered truthfully, "No sir, I haven't drank alcohol in over 30 years."
He then let me leave.
What about the kid who didn't drink anything, blew 0 and was taken in? Did that work for him?
@@jayocaine2946
How would a "kid" claim that he hadn't drank alcohol in over 30 years"
What happens after that though? After you assert your fifth amendment rights things can get dicey. It’s not like you can just start your car and leave the scene. I’m far from an expert though.
Just don't answer any questions. You don't have to drive away. The cop will do whatever he/she is gonna do.
P.S. -- Also, don't perform a field sobriety test. Those things are completely subjective and are designed to make you fail. It gives the police officer an unfettered opportunity to say you failed even if you didn't. (And what, exactly, determines success or failure, anyway? Again -- they're totally subjective. It's all a matter of opinion -- the *_cop's_* opinion.) Just don't do it.
In Indiana if you refuse a breathalizer test it is automatic 6 month drivers license suspension@@Milesco
@@doublesharp5795 Only if you've been involved in a fatal accident, according to Virginia attorney Andrew Flusche, who posts frequently here on YT.
@0:09 I like either that's a stupid question or can you be more specific of course human beings have to consume liquids to survive.
Will be next year in the US and definitely go around with a Camper or s.th. like that. What happens if a foreigner talks about amendments and remaining silent? I'm from Old Germany by the way...
It is usually accepted by the Courts that foreigners legally in the United States get full protection of the Constitution. The Courts incorrectly claim that illegal immigrants can be denied constitutional rights but that's wrong because the Government only exists by the authority in the Constitution so there's no authority that they can use to interact with, other than war time, any human being any place in the world. When they do that without declared war, they are acting outside the Constitution. But, short answer, again, to your question is that if you're here legally, you get all the protections of the Constitution that any citizen would get.
You say "YES" why you probably had a coffee before you came or water or squash. If he says have you drank alcohol then you have to say no if you didn't and yes if you did. Its those old words that people seem to have forgotten its called HONESTY,
DUI or not, never talk to the enforcers of the state.
You are not under oath and under no legal obligation to tell the truth. Just as the officer can legally lie to you, you can answer "no" if he asks if you have been drinking.
Call the Cracker Jack company and get a refund for the law degree you got in the box. You cannot lie to the police in their official police capacity. It can get you a long police sentence. Where did you ever hear such a thing? The response to the police is to either 1. answer truthfully, 2. refuse to answer or say anything at all, 3. take the 5th, 4. invoke your right to remain silent until your attorney is present. Any other response can get you put in prison.
jim, what you state isn't entirely correct. You cannot lie about your name, address, or date of birth during a traffic stop or arrest. This is usually a misdemeanor offense, but penalties can vary depending on the state and circumstances. So, even if it's not breaking the law to say "no", as you stated, you are under a legal obligation to tell the truth in certain circumstances.
Im sorry officer i want to answer your questions but the Supreme Court has suggested i make no statements to police without consulting an attorney
Great idea.
Refuse all tests and answer no questions.
Refuse the blood draw and in California your license is suspended even if you're not drunk.
You've preserved your imagined rights but lost your "privilege" to drive. You'll spend 8 hrs in jail whether drunk or not. But if your BAC is under .08 or .06 in a collision charges are dropped but you still lost your license as you refused tests.
Lawyers won't tell you that.
Some may say I'm lying.
But I'm retired over 10 years after making a couple thousand DUI arrests and they're taking your money.
As they say "follow the money"
The Supreme court hasn't suggested it, but merely allowed it.
(But every lawyer in the nation, including me, will indeed suggest it! 😁)
If you don't want to come across as being a barracks room lawyer, but a little more nuanced, you can simply say that you assert all of your constitutional rights, including those covered by all applicable amendments. The S C has given a ruling that makes it so that silence can be used against a person, unless they invoke their 5th Amendment rights.
The correct answer is always, "I haven't been drinking." As someone who has lost close friends and family members to drunk driving, I also hope it is the truth.
Agreed!
It's correct to be able to TRUTHFULLY answer that you hadn't been drinking. But you don't OWE the officer ANY response. Only if being questioned by counsel, and the judge directs you to answer, do you HAVE to answer. You don't owe the PIGS any answers whatsoever!
@@selfdo That is not entirely correct. There are times when you owe the officer a response, and the overwhelming majority of influencer lawyers are dead wrong in not telling people this. If the police are responding to a felony or known threat (armed robber, murderer, etc. example description dark vehicle 1 male driver) and you fit it and are pulled over for whatever reason, you can choose to be uncooperative. It can escalate into an extremely undesirable situation, with the best outcome is you spent a couple hours in handcuffs for being an idiot. I don't like it, but those situations are created for us by people who perform armed robberies and shoot cops.
@@hammerfist8763 What you're describing are exigent circumstances involving FOURTH AMENDMENT rights to otherwise keep out law enforcement from just barging into your home. I'd like to see ANY citation of a case where the cops had a similar exigency to demand you divulge information that could, and was, used against you in court.
@@selfdo Dead wrong. It has nothing to do with that. Perfect example: When I was 8, my father was pulled over because his vehicle and he fit a kidnapper's description. He gave his ID and cooperated. He was questioned by multiple Florida Highway Patrol officers for 30 minutes. They decided he wasn't the suspect and let him go. I was an eyewitness to this. Had he "exercised his rights" by remaining silent and asking for an attorney, he would have been cuffed and it would have taken hours, or if taken to the station, over a day before he'd be released. Have a brain and use it, man. Are you really clueless as to what happens when a "black male in a blue hoodie" commits armed robbery or shoots a cop? Pretty much every male in any hoodie gets stopped, questioned, maybe frisked and even taken in to the station for a lineup. If not, where have you lived? Don't take my word for it, just do a search right here on youtube. 1000's of hours of videos on this. Not saying it's right, just saying, that's the way it is... And if you get pulled over and have been drinking, you're an idiot, and an even bigger idiot if you 1) don't cooperate and/or 2) admit to drinking because either way there's a real good chance you wind up in cuffs as opposed to getting a ticket/warning and being let go.
well i should keep my mouth shut too,but i always answer with a question before i use my fifth..have u been drinking tonight?answer;why nobody ask me if i ate something?!?oh btw lets not forget the fifth start at this monent thank you and have a good night
i drink the fifth, i mean i plead the fifth
At 2 am got lost made illegal u turn. Asked what I had been drinking. Answered truthfully COFFEE.
You want to drink, call an Uber it's cheaper
@@thomaslee182 so how did that encounter go? were you released? mine he seemed to take a long time verifing my papers, thought he had fallen asleep, eventually came back with my u turn ticket
@@TUMARK2 lots of times they just run your docs to see if there's a warrant or some other nonsense they can jam u up on. Don't ever say you drank or are even tied. Many states can ticket u for driving tired (impaired ).
@@ericeric6342 all of that is true and has important public safety aspects.
After working nights I have a long drive home and often stop for power naps. Scared of driving impaired/tired.
Have had a couple of times knocks on my window. After a brief conversation, they loose interest in me, thank me for pulling over please sleep rather than drive tired. Felt like saying that's what I was doing until you woke me up.
Take care drive safe
Mark
Yup! Uber is always cheaper than a DUI
@@thelawofficeofmatthewkonec6119 Unless your Uber driver has ALSO been "tippling". If he's bust-able, you're BOTH taking the ride!
Sure. Great advice if you have done something illegal. But if you haven't done anything, just be helpful, you won't piss off the policemen, you won't risk being detained lawfully or not, and you won't be held for further questioning. This is so stupid. The best way to spend your evening dealing with cops is to act like you've got something to hide.
Good business for lawyers tho.
Sounds good -- but it's naive. Yes, if you've had absolutely no alcohol to drink you can say so, but otherwise, you're better off not answering the question, even if it's just one drink. Admitting _anything_ can be used against you. All the cop has to say is that you had glassy eyes, an odor of alcohol, and slurred speech, and that you admitted to drinking alcohol, and you're on your way to court and a possible conviction for DUI.
"But I told the cop I only had one drink!", I can hear you say. Yeah, but who's going to believe that that was the truth? Maybe you had four drinks and just _said_ you had one.
Give the cops and inch and they'll take a mile. Admit to _anything,_ and they'll do everything they can to make a case out of it.
Being "helpful" does NOT mean surrendering your rights, OFFICER. What an ASSHOLE.
Jails are full of people who used to think the same way as you do.
@@Milesco I pity your paranoia. Grow up. If you think all cops are dirty and looking to take you away at any cost, you should move. Or better yet, grow the hell up.
@@kjetilknyttnev3702 I pity your naiveté. _You're_ the one who needs to grow up.
RUclips is full of videos of cops arresting sober drivers. Here's a video of Newton, Iowa police officer Nathan Winters arresting a very cooperative college student after he blew a *0.0* on the breathalyzer. The student, Tayvin Galanakis, is now suing the Newton police department.
ruclips.net/video/mFuVdlKD00s/видео.html
Here's an Inside Edition segment showing _several_ cops arresting sober drivers. They're being sued, too.
ruclips.net/video/lglDWClceyU/видео.html
And don't even get me started on the topic of civil asset forfeiture. Innocent people have had their cars, trucks, and _life savings_ seized and forfeited by the police.
Doesn't matter with these guys all depends on the area the local communities and the employment options if it's coastal with Mining and fishing or state borders it can attract opportunities for corrupt dealings but these areas have hidden networks that have been established for years so it's not hard for a professional start at the bottom some decent families may have one or two bad eggs but they should came clean others are just out of control protection by state politician your whole postal internet telecommunications are covered by third party work hard will make you a target if they don't think you deserve success you know good businesses by your bank account forget those who are aggressive only the extent and gende and age vulnerability you decide what to tolerate bad predators should never have power in any situation dragging on cameras are used running businesses no action is a problem especially international recognised worldwide professionals will have to step in
Just tell the truth. Don’t let these ambulance chasers take your money also.
*No.* Even if you're a law abiding citizen and had had only one drink, admitting that will be enough for the cop to prolong the stop and investigate further. And if the cop chooses to arrest you, your admission can and will be used in court against you.
And it has nothing to do with "ambulance chasers". Indeed, by invoking your 5th amendment rights and remaining silent, you may be able to avoid getting arrested and having to hire an "ambulance chaser" altogether.
@@Milesco 😆😂😂😂😂😆you go kid! 😂😆🤣🤣🤣😂😂
@@_DB.COOPER I think you need a few more laughing faces there, we didn't quite get what you meant.
@@SirBonesIV you need a few more brain cells obviously!
So, Mr. Cooper, after you somehow survived that jump from a 727 into the Northwest night, you went into LAW ENFORCEMENT? Ok, OFFICER COOPER>
Refusing to answer any questions is a SOUND legal principle which might AVOID the need of legal services, i.e., enriching the "ambulance chasers". Such was the sage advice of none other than SCOTUS Justice, and Chief Prosecutor for the Allied Powers at the International Military Tribunal, held 1945-1946, in Nuremburg, Germany, Robert J jackson.
"Any lawyer worth his salt will tell a suspect in no uncertain terms to make no statement to police under any circumstances."
NONE OF YOUR BUSINESS, I'M USING MY 5th AMENDMENT !!!!