Already this year 12,883 people have been arrested on DUI charges, according to data provided by the Governor's Office of Highway Safety.

The number is slightly below the pace set last year when there were 27,604 total arrests.

"How much have you had to drink tonight?" -- That is a question a part of many DUI traffic stops. However you are completely within your right to not answer that question, or any question posed by police, thanks to the Fifth Amendment.

"Don't answer questions. You really don't need to answer questions. Ask for your attorney," Scott Halverson, personal law attorney said.

Halverson advised to be nice with the officers, but to not answer incriminating questions, and above all else, do not lie. Halverson said if you do lie, it will "be the first thing" a prosecutor will bring up to discredit you at trial.

The Fifth Amendment protections extend beyond how you answer questions.

"The Fifth Amendment of the U.S. Constitution protects you from self incrimination , so it's not required you take the field sobriety or eye test," Rob Robinson, a police practices expert, said.

In a situation where you may have had something to drink, Robinson advises using your Fifth Amendment right, and not taking the field sobriety test, like walking in a straight line.

"I don't see a lot of positives from doing them either because it is all up to the subjective interpretation of the police officer if you passed or failed," Robinson said.

The only test you are required to take by law, is a blood test at the station, which is not subjective.

"There really is no way to beat a DUI. Either you are over the legal limit or you are not." Robinson said.