So, you’ve been drinking with friends, and you don’t feel intoxicated. You have told yourself that your house is just a mile or so away and 
that it would be much more convenient to just drive home. However, then you see blue-lights in your rear view mirror. You are consumed by feelings of panic, and you begin to contemplate what you should do. Is the officer going to know that I was drinking, and if so, what should I say? Generally, an officer knows whether someone has been drinking as soon as they approach the driver’s side window, but if you are on the cusp of being intoxicated, the answer may depend.
A police officer is trained to detect alcohol or other illegal substances during the stop. However, an officer cannot always detect that someone has been drinking, especially in a situation where the driver had only had a couple of drinks (and I mean a couple, having five and saying two does not count). The truth is that if you tell an officer you had something to drink, more often than not, they are going to ask you to engage in field sobriety testing. Therefore, the best thing you can do in this scenario is to tell the police officer that you will not engage in the test. Sobriety testing is voluntary and almost always gives the officers some signal that a person was drinking. So, if you have been drinking, it is best to take your chances at the police station.
If you have had a couple of drinks, and are feeling light headed, you probably should not drink at all. However, should you decide to drive, and are pulled over and asked whether you have been drinking, it is better to be honest. But, do not give any details. The answer: I had a couple drinks earlier in the day is likely the best answer. If you are asked to perform field sobriety tests, decline to do so. The bottom-line is that it is legal to drive after drinking, one just cannot drive intoxicated.
