You are not required to answer potentially incriminating questions. A polite "I would like to speak with an attorney before I answer any questions" is a good reply. On the other hand, admitting that you had one or two beers is not incriminating: it is not sufficient to cause intoxication -- and it may explain the odor of alcohol on the breath. No. However, you are not required by Missouri law to submit to field sobriety exercises.

If you are pulled over or stopped by an officer and he begins to question you about your drinking or asks you to perform any tests, you should immediately ask to call an attorney. The Law Offices of Craig W. Penrod, P.C. provides a 24-hour help line that will be answered within minutes of your call and to assure you that you are aware of all of your constitutional rights that apply to the investigation before you submit to anything that may possibly be incriminating.

If the officer asks you "Have you been drinking?", your answer will be a significant factor in the officer's decision to arrest you, and in the prosecution's case against you if you are charged and tried for drunk driving. Such questions are "accusatory" in nature and, unless the answer is two or three drinks, you should respectfully decline to respond in a polite and courteous manner.