DWI/DUI : Should I admit to or deny drinking alcohol if asked by a police officer?

The officer can not tell how much you have had to drink by smelling your breath. However, if he is asking, he probably smells it. Even drinking a small amount of alcohol results in "an odor of intoxicating liquor" on the breath for a relatively long period of time. Lying to the officer may be considered "consciousness of guilt" by a jury and/or undermine your credibility at trial.

Remember, you are afforded a constitutional protection against self incrimination. You may simply tell the officer that you do not wish to answer his question. Likewise, you may tell him what you have had a drink if it was a relatively small amount (ie. not enough to impair you or cause you to exceed the legal limit).

If you are inclined to deny drinking when, in fact, you have been, remember that the police officer will be inclined to trust his nose more than his ears.