Re: If not \"Two Beers, Officer\", then what?
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Last time I played golf I played with a lawyer and talked to him about this. His recommendation is to say that you need to talk to your attorney if he has any questions. This requires the police to shut off there video camera so the police will have basically zero evidence on you. I don't know if this is for all states or just Texas. But if you do this you probably will end of having to go to court and spend a couple grand.
If I was drinking but wasn't drunk I would just lie and say I hadn't had anything to drink and take a chance that they wouldn't give me a sobriety test. If they chose to test me I may or may not take it. Then if I got arrested I would refuse the breathalizer and all further testing from that point.
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I'm not a lawyer, but I'm pretty sure that sying you won't answer questions until you talk to your attorney will work anywhere in th U.S. as this is based on the fifth ammendment and the Miranda ruling. What you have to balance is your chance of keeping the cop from arresting you in the first place against your ability to defend yourself if you do get arrested. Refusing to answer is your legal right, but if you do so, most cops are going to assume you're guilty. OTOH, any admission that you've been drinking, or violated any other law, will be used agaist you if your case goes to trial.
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I asked the wife (who is a lawyer who has both prosecuted and defended people for DUI). She said that during the "investigation" phase this likely would not work. Once arrested, you have rights under Miranda. So your refusal to talk would likely result in arrest. Your refusal to do the breath test is generally an AUTOMATIC 1 year suspension, whether you are eventually found guilty or not. It is, of course, possible that your refusal may prevent them from gathering enough evidence to prosecute, but again, it's easier to avoid the whole mess.
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