Every driving under the influence (DUI) case I have had has been different. But inevitably, a law enforcement officer, at some point, asks the question “How many drinks have you had tonight?”
The answer “Two” is unfortunate, more often than not. The stereotypical drunk in every instructional video, movie and television show says “Two”. Police officers know that stereotype and so do jurors.
“Two” is a good answer only when 1) it’s the truth; and 2) when that truth is believable. “Two” is a better answer when the citizen-accused has a receipt and credit card slip showing it. “Two” is even better, when witness testimony establishes that the citizen-accused spent a considerable amount of time at the establishment, that the citizen-accused ate, and drank several glasses of water while there.
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