If a police officer asks me if I have been drinking do I have to answer? — MSU Student Legal Services

Legal Services Office Hours!

We offer space available walk-in appointments every Wednesday (10am-4pm) and Thursday (1pm-4pm).

Call or stop by SUB 221 to inquire about attorney availability. (406) 994-2933

If a police officer asks me if I have been drinking do I have to answer?

No.  You have the right to remain silent.  However, if an officer asks for your name or age, you must answer.  Please be honest.  Giving a false name or age to avoid trouble could result in a separate charge for obstruction of a peace officer or even obstruction of justice, which are more serious than an MIP ticket.    

If a police officer asks me to take a breath test do I have to do so?

Can I be charged with an MIP if I'm at a party, but I'm not drinking?