Legal Question in Criminal Law in Virginia

Perhaps, perhaps not, depending upon the facts pertinent to the situation.

Police can stop you without reasonable articulable suspicion if the encounter is consensual in nature. Whether the encounter is consensual depends on a variety of facotrs, including, the number of officers, whether weapons are drawn, what the officers say. If the encounter is consensual, then yes, the officer can stop and ask you if you had been drinking, and any statements can be admitted into evidence against you. If not consensual, then the officer's stop must be supported by reasonable articulable suspicion.