For many Wisconsin drivers, an officer’s lights flashing in the rearview mirror is enough to cause panic. If you’ve had even one drink, your mind races thinking about what you should say. Knowing how to respond when asked about drinking can protect your rights and prevent a simple traffic stop from turning into a criminal case.
At Bayer Law Offices, our experienced Wisconsin OWI lawyers know how to answer your questions. We have been helping our clients with their DUI/OWI defense for years, and we can help you too. We can guide you through every step of the way, starting with the right way to proceed after being stopped for a suspected OWI.
When a Wisconsin officer approaches your vehicle and asks about alcohol, it’s rarely just a routine question. It’s an investigative technique meant to gather evidence. From the moment you roll down your window, the officer is trained to observe your speech, smell, behavior, and statements. Even one misplaced word can become part of a report that supports a DUI or OWI charge later.
Officers know that most drivers want to appear cooperative. They use that instinct to their advantage. A question like “Have you been drinking tonight?” invites a self-incriminating response. Even something that seems harmless, such as “Just a couple hours ago” or “Only one beer,” gives law enforcement grounds to proceed with field sobriety tests or a preliminary breath test.
Law enforcement officers are required to establish probable cause before arresting someone for OWI. Your words can become the evidence they need to reach that threshold.
In Wisconsin, statements made during a stop are admissible in court. If you admit to drinking, the officer will include it in the report and use it to justify further testing. Even if you later test below the legal limit, your earlier admission may still be used to argue that you were “impaired to the degree unsafe to drive.”
This is why what you say during those first few minutes matters so much. Once your words are on record, they can’t be taken back. Staying calm, respectful, and aware of your rights is the best defense you have when facing a potential DUI charge.
No. Many Wisconsin drivers don’t realize you are not required to answer potentially incriminating questions. You must identify yourself and provide license, registration, and proof of insurance, but beyond that, your responses are voluntary.
The right to remain silent applies even during a traffic stop. If you are uncomfortable answering, you can politely decline. You might say, “I prefer not to answer that question,” or “I would like to speak with a lawyer before answering.” Silence is not the same as guilt, it's a legal safeguard.
Some drivers fear that refusing to answer will make them seem suspicious. The reality is that speaking freely often does far more harm. Police officers are trained to interpret any admission, hesitation, or inconsistency as evidence of impairment. Remaining silent denies them that opportunity.
The Fifth Amendment protects you from self-incrimination. During a DUI or OWI stop, that means you have the right not to answer questions about whether you have been drinking, how much you drank, or where you were before being stopped. These questions are designed to elicit admissions that can be used against you.
The officer may continue asking, but you do not have to respond. Simply restating your desire to remain silent or to speak to an attorney is enough. If the situation escalates, those statements help show that you exercised your constitutional rights properly.
There’s a balance between asserting your rights and being respectful to law enforcement. The goal is not to argue, but to protect yourself from saying anything that could later be misunderstood. Asking these questions gives you the opportunity to protect yourself from saying anything law enforcement could use against you.
This question clarifies whether the stop is still voluntary or has become a detention. If you are free to go, calmly leave. If you are being detained, the officer must have a legitimate reason. Asking this question shows awareness of your rights and helps limit unnecessary conversation that could turn against you later.
Once you ask to speak to an attorney, questioning should stop. Officers are required to respect this request. Even if they continue talking, you are not obligated to respond. Saying you want to consult a lawyer is one of the most effective ways to prevent further interrogation.
A qualified Wisconsin OWI lawyer can review whether the stop was lawful, whether proper procedures were followed, and whether any of your rights were violated. Early legal guidance often makes a major difference in the outcome of a case.
Many drivers believe that partial honesty will make things better. They might admit to “a drink with dinner” or say they feel fine to drive. Unfortunately, these statements rarely help. Instead, they are used to justify further testing or arrest.
Avoid explaining, apologizing, or volunteering extra details. Officers are trained to use your words as evidence. The less you say, the less material they have to work with.
Even if you deny drinking, the officer can still ask you to perform sobriety tests based on other observations. Refusing to answer doesn’t guarantee you’ll be allowed to leave, but it does protect your record and your case.
In Wisconsin, officers often administer field sobriety tests when they suspect impairment. These tests may involve walking a straight line, standing on one leg, or following a moving object with your eyes. They are subjective and prone to error.
You are not legally required to complete field sobriety tests. Refusal may lead to additional questioning, but these tests are voluntary. If you perform poorly due to nerves, fatigue, or uneven ground, it could still be used as evidence of impairment.
A preliminary breath test (PBT) is a handheld device used roadside to estimate blood alcohol concentration. Refusing a PBT before arrest may result in a citation or license revocation, but not necessarily an OWI charge. Once you are officially arrested, however, implied consent laws apply.
Wisconsin’s implied consent law states that by holding a driver’s license, you consent to chemical testing after a lawful OWI arrest. Refusing a post-arrest blood, breath, or urine test can result in automatic license suspension and other penalties.
If you’ve been charged with OWI, your first priority should be to contact an experienced defense attorney. Acting quickly can help protect your license, challenge test results, and reduce or dismiss charges.
At Bayer Law Offices, our legal team understands how intimidating a DUI or OWI arrest can be. Attorney John T. Bayer has years of experience defending Wisconsin drivers against drunk driving charges and challenging unlawful traffic stops. Our firm focuses on protecting your rights and minimizing the long-term consequences of an OWI conviction.
If you need legal advice about what to say if a cop asks if you’ve been drinking or if you’ve already been charged, contact Bayer Law Offices today.
Contact us today at (414)-939-9650 for a free, confidential consultation.
For many Wisconsin drivers, an officer’s lights flashing in the rearview mirror is enough to cause panic. If you’ve had even one drink, your mind races thinking about what you should say. Knowing how to respond when asked about drinking can protect your rights and prevent a simple traffic stop from turning into a criminal case.
At Bayer Law Offices, our experienced Wisconsin OWI lawyers know how to answer your questions. We have been helping our clients with their DUI/OWI defense for years, and we can help you too. We can guide you through every step of the way, starting with the right way to proceed after being stopped for a suspected OWI.
When a Wisconsin officer approaches your vehicle and asks about alcohol, it’s rarely just a routine question. It’s an investigative technique meant to gather evidence. From the moment you roll down your window, the officer is trained to observe your speech, smell, behavior, and statements. Even one misplaced word can become part of a report that supports a DUI or OWI charge later.
Officers know that most drivers want to appear cooperative. They use that instinct to their advantage. A question like “Have you been drinking tonight?” invites a self-incriminating response. Even something that seems harmless, such as “Just a couple hours ago” or “Only one beer,” gives law enforcement grounds to proceed with field sobriety tests or a preliminary breath test.
Law enforcement officers are required to establish probable cause before arresting someone for OWI. Your words can become the evidence they need to reach that threshold.
In Wisconsin, statements made during a stop are admissible in court. If you admit to drinking, the officer will include it in the report and use it to justify further testing. Even if you later test below the legal limit, your earlier admission may still be used to argue that you were “impaired to the degree unsafe to drive.”
This is why what you say during those first few minutes matters so much. Once your words are on record, they can’t be taken back. Staying calm, respectful, and aware of your rights is the best defense you have when facing a potential DUI charge.
No. Many Wisconsin drivers don’t realize you are not required to answer potentially incriminating questions. You must identify yourself and provide license, registration, and proof of insurance, but beyond that, your responses are voluntary.
The right to remain silent applies even during a traffic stop. If you are uncomfortable answering, you can politely decline. You might say, “I prefer not to answer that question,” or “I would like to speak with a lawyer before answering.” Silence is not the same as guilt, it's a legal safeguard.
Some drivers fear that refusing to answer will make them seem suspicious. The reality is that speaking freely often does far more harm. Police officers are trained to interpret any admission, hesitation, or inconsistency as evidence of impairment. Remaining silent denies them that opportunity.
The Fifth Amendment protects you from self-incrimination. During a DUI or OWI stop, that means you have the right not to answer questions about whether you have been drinking, how much you drank, or where you were before being stopped. These questions are designed to elicit admissions that can be used against you.
The officer may continue asking, but you do not have to respond. Simply restating your desire to remain silent or to speak to an attorney is enough. If the situation escalates, those statements help show that you exercised your constitutional rights properly.
There’s a balance between asserting your rights and being respectful to law enforcement. The goal is not to argue, but to protect yourself from saying anything that could later be misunderstood. Asking these questions gives you the opportunity to protect yourself from saying anything law enforcement could use against you.
This question clarifies whether the stop is still voluntary or has become a detention. If you are free to go, calmly leave. If you are being detained, the officer must have a legitimate reason. Asking this question shows awareness of your rights and helps limit unnecessary conversation that could turn against you later.
Once you ask to speak to an attorney, questioning should stop. Officers are required to respect this request. Even if they continue talking, you are not obligated to respond. Saying you want to consult a lawyer is one of the most effective ways to prevent further interrogation.
A qualified Wisconsin OWI lawyer can review whether the stop was lawful, whether proper procedures were followed, and whether any of your rights were violated. Early legal guidance often makes a major difference in the outcome of a case.
Many drivers believe that partial honesty will make things better. They might admit to “a drink with dinner” or say they feel fine to drive. Unfortunately, these statements rarely help. Instead, they are used to justify further testing or arrest.
Avoid explaining, apologizing, or volunteering extra details. Officers are trained to use your words as evidence. The less you say, the less material they have to work with.
Even if you deny drinking, the officer can still ask you to perform sobriety tests based on other observations. Refusing to answer doesn’t guarantee you’ll be allowed to leave, but it does protect your record and your case.
In Wisconsin, officers often administer field sobriety tests when they suspect impairment. These tests may involve walking a straight line, standing on one leg, or following a moving object with your eyes. They are subjective and prone to error.
You are not legally required to complete field sobriety tests. Refusal may lead to additional questioning, but these tests are voluntary. If you perform poorly due to nerves, fatigue, or uneven ground, it could still be used as evidence of impairment.
A preliminary breath test (PBT) is a handheld device used roadside to estimate blood alcohol concentration. Refusing a PBT before arrest may result in a citation or license revocation, but not necessarily an OWI charge. Once you are officially arrested, however, implied consent laws apply.
Wisconsin’s implied consent law states that by holding a driver’s license, you consent to chemical testing after a lawful OWI arrest. Refusing a post-arrest blood, breath, or urine test can result in automatic license suspension and other penalties.
If you’ve been charged with OWI, your first priority should be to contact an experienced defense attorney. Acting quickly can help protect your license, challenge test results, and reduce or dismiss charges.
At Bayer Law Offices, our legal team understands how intimidating a DUI or OWI arrest can be. Attorney John T. Bayer has years of experience defending Wisconsin drivers against drunk driving charges and challenging unlawful traffic stops. Our firm focuses on protecting your rights and minimizing the long-term consequences of an OWI conviction.
If you need legal advice about what to say if a cop asks if you’ve been drinking or if you’ve already been charged, contact Bayer Law Offices today.
Contact us today at (414)-939-9650 for a free, confidential consultation.
When confronted with an OWI charge or criminal charges, the situation can feel daunting and overwhelming. We are here to help you shape your path to a better outcome.
