When a police officer pulls you over, the best course of action is to cooperate fully. You certainly do not want to follow the lead of a Colorado Springs woman who kicked a cop and tried to bite another during a recent traffic stop. The officers arrested her on several charges.
If a cop suspects you had something to drink recently, then the officer may ask you, "Have you had anything to drink this evening?" Naturally, if you are completely sober, then you can answer, "No." You do not want to lie, but you also do not want to say you drank anything that night. It will make your DWI case much harder in the long run.
Say you do not wish to answer the question
During a traffic stop, you need to provide your name and show your driver's license and insurance information. However, you do not have to answer every question asked of you, and you can state you wish to speak with your attorney before discussing matters further.
The problem with saying you had even one beer is that it tells the officer you drank and drove. It's grounds for the cop to ask you to perform field sobriety tests or blow into a hand-held breath test device. If you are arrested, your statement that you had a drink or two can serve as evidence against you in court.
Do not lie
You may have had three beers within the last couple of hours. When a cop pulls you over, you may not see the harm in lying and saying you had nothing to drink. Chances are good though, that a police officer will be able to smell alcohol on your breath, and he or she may even notice other signs of intoxication. The fact you lied can provide the officer with additional justification to continue the investigation. That could result in your arrest. The best advice is to be respectful and be quiet. You are under no obligation to perform field sobriety tests or answer any further questions.
If you are arrested, you have the right to speak with an attorney before submitting to a Breathalyzer test at the station.