If I’m stopped by a police officer and asked if I’ve been drinking, what should I answer?

You are not required to answer potentially incriminating questions. One approach would be simply to ask, “Why are you stopping me, Officer?” even if it is at a sobriety checkpoint. When the officer asks, “Have you had anything to drink this evening?” simply say, “Officer, I do not wish to be delayed. I want to drive home”. If the officer has no other basis to ask you out of the car, you will be on your way. You may also reply with, “I would like to speak with an attorney before I answer any questions”. However, if you begin with that answer, we suggest that you keep on giving that answer until you have consulted with an attorney.

What evidence is needed to arrest a suspected drunk driver?

Gross observations of behavior in general; specific observations of behavior (i.e., field sobriety tests); and chemical test results of the motorist’s blood, breath or urine are necessary to arrest a drunk driver. A police officer may arrest a motorist if the cumulative effect of the evidence convinces the officer that he has probable cause or reasonable cause to make an arrest.

The officer did not give me a Miranda warning. Can my case be dismissed?

No. The office is supposed to give a Miranda warning (your right to remain silent), explain that anything you say will be used against you in court (5th Amendment), and explain that you have a right to an attorney. The only consequence is that the prosecution cannot use any of your answers to questions asked by the police after the arrest.