DUI laws constantly change. For example, take a recent case in Tennessee where an appeals court found that an automatic $250 fine placed on people convicted of DUI based on a breath or blood test was unconstitutional.
The best action to take is to simply avoid driving after drinking. Many people do not get behind the wheel after drinking an excessive amount. However, many people do not see the harm in driving after just one beer. This begs the question: What should you say to a police officer if he pulls you over after you had just one alcoholic drink?
Do not answer incriminating questions
When an officer pulls you over, you do need to provide some information. You need to tell the officer your name and date of birth if asked. Additionally, you need to provide your driver’s license and insurance information. However, if the cop asks you if you drank any alcohol that evening, then you do not have to provide information. You can respond with, “I would rather not say.” You can also say that you would like to speak with your attorney before any additional questioning.
Do not lie
It is preferable to say that you would prefer not answering the question than outright lying. If you say you had absolutely nothing to drink but a breath test shows a BAC of 0.02 percent, then the cop automatically becomes suspicious. Although 0.02 percent is not over the legal limit, an officer may still require you to go through sobriety tests. The officer may take you to the station if you have any alcohol in your system and were still driving recklessly.
Comply with any requests
If you had one drink a couple hours ago, then you should be able to pass sobriety tests with no problems. Refusing a breath test could result in automatic suspension of your license. If you honestly only had one drink, then you might as well take the test.