The “Two Beers” Mistake: What to Say (and Not Say) During a DUI / OWI Traffic Stop in Indiana

Introduction: When a “Friendly” Traffic Stop Turns Into a DUI Investigation

You’re driving home. The officer who pulls you over is polite, conversational, even reassuring. Maybe you hear, “I’m probably just going to give you a warning.”

Then comes the question:
“Have you had anything to drink tonight?”

A lot of people think this is harmless small talk. It’s not. It’s the moment a routine stop can turn into a DUI / OWI investigation.

And the most common response
“I only had two beers”
has caused more legal trouble than just about anything else you can say on the side of the road.

If you’re facing a drunk driving, DUI, or OWI situation in Indiana, understanding how these encounters actually work can make a real difference in your case.

Let’s break it down.

Why Saying “I Only Had Two Beers” Can Hurt You

People say it because it sounds reasonable. Responsible, even.

It’s neither.

The moment you admit to drinking, you’ve handed the officer a key piece of evidence. At that point, you’re no longer just a driver with a minor issue, you’re now a potential DUI / OWI suspect.

From there, the officer starts building a narrative:

• Odor of alcohol
• Red or glassy eyes
• Nervous behavior
• Driving pattern (even minor)
• Your own admission of drinking

That last one? It ties everything together.

As a former deputy prosecutor, and now a criminal defense attorney, Marc Lopez has seen this play out thousands of times. People don’t talk their way out of these cases.

They talk their way into them.

The Right Way to Handle Police Questions During a DUI Stop

Let’s get straight to it.

If an officer asks whether you’ve been drinking, your goal is simple:
Stop providing evidence.

Here’s the response:

“Officer, here’s my license, registration, and insurance. I’m not answering any questions.”

That’s it.

No explanations. No minimizing. No storytelling.

Why This Works

• It’s polite
• It’s clear
• It avoids giving the officer anything useful for their report

Compare that to a police report that says:
“Driver admitted to consuming alcohol.”

Which one would you rather see?

What If the Officer Pushes You?

They often will.

You might hear things like:

• “If you haven’t been drinking, why not just say so?”
• “Sounds like you’re hiding something.”
• “Why make this harder than it needs to be?”

Don’t argue. Don’t explain.

Just say:

“I plead the Fifth.”

Simple. Calm. Repetitive if necessary.

You’re not being rude, you’re protecting yourself.

Compliance vs. Cooperation: Know the Difference

Here’s where people get tripped up.

You must comply with lawful orders.
You do not have to answer investigative questions.

You SHOULD:

• Provide your license, registration, and insurance
• Exit the vehicle if instructed
• Keep your hands visible
• Stay calm and respectful

You should NOT:

• Answer questions about drinking
• Explain where you’ve been
• Try to “talk your way out of it”

Compliance keeps the situation from escalating.
Silence keeps you from building the case against yourself.

Field Sobriety Tests: Are You Required to Do Them?

In Indiana, roadside field sobriety tests are optional.

These include:

• Walk-and-turn
• One-leg stand
• Eye test (HGN)
• Finger-to-nose

Despite how they’re presented, these are not your chance to “prove you’re fine.”

They are designed to generate more evidence.

Think about the conditions:

• Flashing lights
• Traffic flying by
• Uneven pavement
• High stress

Now you’re expected to perform physical tests under scrutiny.

That’s not a fair environment, and it’s not meant to be.

What Should You Say?

“I’m not going to do those tests.”

Again, calm, polite, direct.

In Indiana, that refusing roadside field tests cannot be used against you in court.

Breath Tests: Roadside vs. Certified Chemical Tests

This is one of the most misunderstood parts of a DUI / OWI case.

Not all breath tests are the same.

1. Roadside Portable Breath Test (PBT)

• Handheld device
• Used during the stop
• Often optional in Indiana
• Refusal typically not used against you

2. Certified Chemical Test (Breath or Blood)

• Often conducted at a station or medical facility
• Governed by Indiana’s implied consent law
• Refusal carries serious license and evidence consequences

These consequences can include:

• License suspension
• Additional legal complications

This distinction is critical.

If you don’t understand the difference, you can turn a bad situation into a much worse one, fast.

Body Language Matters More Than You Think

Officers aren’t just listening to what you say.
They’re watching everything you do.

Every movement can end up in a report:

• “Fumbled with wallet”
• “Appeared nervous”
• “Made sudden movements”

Best Practices During a Stop:

• Keep your hands visible
• Move slowly and deliberately
• Tell the officer before reaching for anything
• Turn on your interior light at night
• Stay calm and neutral

Your goal isn’t to “look innocent.”

Your goal is to look non-threatening and uneventful.

The Biggest Mistake: Thinking Honesty = Safety

A lot of good people get into trouble because they think:

“I’m not doing anything wrong. I’ll just be honest and this will go away.”

That mindset is understandable, and dangerous.

A traffic stop involving suspected drunk driving is not a conversation.
It’s an investigation.

Everything changes once you understand that.

• You stop trying to be liked
• You stop trying to explain
• You start protecting yourself

That’s not suspicious. That’s smart.

Special Situations: What Else You Need to Know

Every state has its own laws, and Indiana is no exception.

A few important reminders:

• You must provide your driver’s license, registration, and insurance
• If you’re carrying a firearm, rules vary by state, know them ahead of time. Indiana doesn’t require disclosure.
• Do not lie to law enforcement (that can create separate charges)

Quick Recap: How to Handle a DUI / OWI Traffic Stop

If you remember nothing else, remember this:

1. Don’t admit to drinking
   2. Don’t perform roadside field sobriety tests
   3. Understand the difference between roadside and certified tests

And use the script:

“Officer, here are my documents. I’m not answering questions.”
“I plead the Fifth.”

Be polite.
Be calm.
Be quiet.

Why Hiring a Criminal Defense Attorney Matters

If you’re facing a DUI, OWI, or OWI charge, the stakes are real:

• License suspension
• Criminal record
• Fines and possible jail time
• Long-term impact on your career and reputation

These cases are built on details, what was said, what was done, and how the stop was handled.

That’s where an experienced criminal defense attorney makes a difference.

At the Marc Lopez Law Firm, we’ve defended thousands of drunk driving cases. We understand how these investigations work, and how to challenge them.

Make the Right Call

If you’ve been charged with a DUI / OWI / OWI in Indiana, or believe you might be, don’t wait.

The earlier you involve a criminal defense lawyer, the more options you may have.

Call the Marc Lopez Law Firm at 463-283-7387 to schedule a consultation.

Because when it comes to protecting yourself:

Be polite. Be smart. And when in doubt, plead the Fifth.