Q: If I am asked whether I’ve been drinking by a police officer, do I have a right to remain silent?
A: Yes, you must identify yourself and provide ID and insurance if you have them. But, you are not required to answer questions beyond that. Of course, if you refuse to answer questions they will probably go ahead and arrest you. But, at least there won't be a damaging admission to having consumed alcohol.
A: Absolutely. The officer is just fishing to find some reasonable articulable suspicion that you may be impaired. He/she will ask this more than once. Don't change your story under the pressure of being asked the same thing two or more times. Just say no, or nothing. While he has you fishing around for your license, registration and insurance card, he likely will ask you a few off-the-wall questions just to see if you can't do two things at once...divided attention. Just stay cool, do not try to engage the officer in conversation, or try to make him like you. Also, telling the truth doesn't get you anywhere, so: don't talk to cops. But don't be a smart-ass about it.
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