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Have You Been Drinking Tonight? How To Answer At A Traffic Stop

By February 21, 2025No Comments

Getting pulled over by the police can be a nerve-wracking experience, especially if the officer asks, “Have you been drinking tonight?”  You may be thinking: I don’t want to lie, but I also don’t want to say something that could get me in trouble.

So, what’s the right move? As experienced Minnesota DWI attorneys at Martine Law, we’ve helped countless clients navigate traffic stops and DWI-related situations. In this post, we’ll break down how to handle this question legally and wisely—without incriminating yourself or breaking the law.

Why Do Police Ask If You’ve Been Drinking?

When an officer pulls you over and asks about drinking, they’re looking for evidence. Your answer, combined with observations like the smell of alcohol or slurred speech, could lead to further investigation—think field sobriety tests or a breathalyzer. In Minnesota, like most places, driving under the influence (DWI) is a serious offense with steep penalties, including fines, license suspension, or even jail time. The officer’s question isn’t casual–it’s a step toward determining probable cause.

But here’s the catch: you don’t have to answer in a way that digs your own legal grave. Let’s explore your options.

The Dilemma: To Answer or Not to Answer?

Imagine this scenario:

Officer: “Have you been drinking tonight?”
You: “Uh… I don’t want to lie, officer, but I also don’t want to incriminate myself. What do I say?”

You might feel torn. On one hand, lying to the police is a bad idea—it could lead to additional charges like obstruction of justice. On the other hand, admitting “Yes, I had a beer an hour ago” might give the officer enough to escalate the stop, even if you’re under the legal limit. So, what should you do?

The good news is you have rights, and you can exercise them respectfully and legally.

Your Best Response: Politely Decline to Answer

The Fifth Amendment protects you from self-incrimination, meaning you’re not obligated to answer questions that could implicate you in a crime. Instead of stumbling through an explanation or admitting anything, try this:

You: “Officer, I respectfully decline to answer that question.”
Officer: “Why won’t you answer? Are you hiding something?”
You: “I’m just exercising my rights, sir/ma’am. I’m happy to cooperate with anything I’m legally required to do.”

This approach keeps you truthful (you’re not lying), protects your rights, and avoids giving the officer ammunition for a DWI charge. Pair it with staying calm and polite, and you’re on solid ground.

What You’re Legally Required to Do During a Traffic Stop

While you can refuse to answer incriminating questions, there are a few things you must do when pulled over in Minnesota:

    • Provide identification: Hand over your driver’s license, registration, and proof of insurance when asked.
    • Step out of the vehicle: If the officer requests it, you’re legally required to comply.
    • Submit to a breathalyzer (sometimes): In Minnesota, implied consent laws mean refusing a breathalyzer is not as easy as “yes you can” or “no you can’t.”

What are the legal requirements about taking a breathalyzer in Minnesota?

In Minnesota, the legal requirements surrounding breathalyzer tests are tied to the state’s implied consent law, which is outlined in Minnesota Statutes, Section 169A.51. Here’s a breakdown of the key points:

Implied Consent Law

  • When It Applies: If you’re driving, operating, or in physical control of a motor vehicle in Minnesota and a law enforcement officer has probable cause to believe you’re under the influence of alcohol (or another impairing substance), you’re subject to the implied consent law. This applies whether you’re on public roads or, in some cases, private property.
  • What It Means: By driving in Minnesota, you’ve implicitly consented to submit to a breath, blood, or urine test to determine your alcohol concentration or the presence of other substances if requested by an officer under these circumstances.

Breathalyzer Specifics

  • Before an arrest, an officer may ask you to take a portable breath test during a traffic stop if they suspect impairment (e.g., smell of alcohol, slurred speech, etc.). You can legally refuse this preliminary test, but refusal might still give the officer enough probable cause to arrest you for DWI, depending on other evidence.
  • After an arrest for DWI, you’ll typically be asked to take an official breathalyzer test at a police station or similar location (often using a device like the DataMaster DMT). This is where the implied consent law kicks in fully.

Refusal Consequences

  • If you refuse to take the post-arrest breath test (or blood/urine if offered), Minnesota law imposes civil penalties under the implied consent statute, separate from the criminal DWI charge. Refusal triggers an automatic driver’s license revocation:
    • First refusal: 1-year revocation.
    • Subsequent refusals or if you have a prior DWI: Longer revocations (up to 6 years in some cases).
  • Refusal can also be charged as a crime itself (“test refusal”). As of changes in Minnesota law (post a 2016 Supreme Court ruling, Birchfield v. North Dakota), refusal to take a breath test can still be criminalized without a warrant, unlike blood or urine tests, which now typically require a warrant or consent to avoid criminal refusal charges.

When Can You Say No?

  • You can refuse the roadside preliminary breath test without immediate implied consent penalties, though it might lead to arrest based on other observations.
  • Refusing the official test after arrest triggers the penalties mentioned above. You’re informed of these consequences via an Implied Consent Advisory read by the officer, which explains your rights and the ramifications of refusal.

You’re not required to answer questions like “Where are you coming from?” or “Have you been drinking tonight?” beyond basic identification.

Should You Mention a Lawyer?

If the situation escalates—say, the officer insists on a field sobriety test or accuses you of DWI—you can say:

You: “I’d like to speak with my attorney before answering any more questions or taking any tests.”

This invokes your right to counsel and signals you’re serious about protecting yourself. Don’t argue or resist physically, just stay firm and courteous.

Why This Matters: Minnesota DWI Consequences Are No Joke

A DWI conviction in Minnesota can mean thousands of dollars in fines, mandatory classes, or even jail time—not to mention a criminal record that haunts your job prospects. Even if you’ve had just one drink and feel fine, your words could tip the scales toward an arrest. That’s why knowing how to respond—or not respond—to “Have you been drinking tonight?” is critical.

Final Tips: Stay Calm and Know Your Rights

Traffic stops are stressful, but preparation helps. Here’s a quick checklist:

    • Keep your hands visible (e.g., on the steering wheel).
    • Don’t admit to drinking, even “just one.”
    • Politely decline to answer incriminating questions.

At Martine Law, we’ve seen how a single traffic stop can spiral into a life-changing ordeal. If you’re facing DWI charges or just want to understand your rights better, contact our team today for a free consultation. We’re here to help you navigate the legal road ahead.

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