You see red and blue lights come on in the rearview mirror, and you realize a police officer is pulling you over. You slow down and move to the side of the road. The officer parks behind you and walks up to the window.
When you open the window, you already have your license, registration and proof of insurance ready. But as you hand them to the officer, they ask you a simple question:
“Have you had anything to drink tonight?”
At this point, you’re not sure what to do. Do you have to answer the question or not?
You have the right to remain silent
In a situation like this, you can use your right to remain silent. You don’t have to answer the question. The same is true for other questions, such as if the officer asks where you’re coming from, if you know why they pulled you over, if you know how fast you were driving and more.
The trouble is that the officer may be looking for you to incriminate yourself. If you admit to knowingly speeding or having a drink and then getting in the car, you could increase the chances that you’ll be arrested. Under the Fifth Amendment, you can use your right to remain silent to avoid this.
This doesn’t mean you should necessarily ignore the question. Just politely inform the officer that you’d rather not answer any questions and provide them with the necessary documentation. You do have to give them your driver’s license and identify yourself, but don’t assume that you have to answer just because the officer is asking.
Your defense options
You could certainly still be arrested, even if you don’t answer. In a situation like this, be sure you understand all of the criminal defense options at your disposal.