If you are pulled over by law enforcement in the state of South Carolina 4 the suspicion of driving under the influence of alcohol or drugs, you could be arrested, charged, and eventually convicted of driving under the influence of alcohol or drugs. The following steps will help ensure your legal rights are protected, and that you protect yourself legally as much as possible during this circumstance.
Pull-Over Calmly and Be Polite
Whether you believe you are being profiled or do you not believe you should be pulled over for any reason, you still have the legal responsibility to pull over calmly when police officer instructs you to do so. Make sure to come to a complete stop and turn off your car. Remember, that everything you do is likely being recorded by a police officer’s dashboard camera or personal camera, therefore you must act as polite and calm as possible throughout the entire process. Never argue or behave rudely, and never give any reason to the police officer to suspect that you are not in full control of your faculties.
Never Admit To Drinking
You have a legal responsibility to provide a police officer and with your correct name, driver’s license, registration, and car insurance information. However, you are not required to answer any question regarding how much you may have drunk that night. It is in your best interest to always remain silent regarding these questions, and attempt to avoid saying anything incriminating. Remember, the conversation is likely being recorded and therefore anything you say can, and likely will, be used against you. remember, it is not illegal to have one drink and drive (depending on your height and weight), however, it is illegal to drink and drive impaired. Therefore any questions you answer regarding alcohol consumption will likely be used against you in a court of law.
Do Not Submit to a Field Sobriety Test
Think carefully before you submit to a breathalyzer test or any other kind of field sobriety test. In many cases, these tests are known to be overly subjective or improperly administered. It is important to note if you refuse to submit to a field sobriety test, you have the potential to be taken to the police station for law enforcement to administer a different type of test to determine alcohol or drug content in your system. However, it is critical to seriously consider whether or not you want to take a field sobriety test which has often shown to be unreliable.
Never Make Any Statements Following an Arrest
Never make any statements following an arrest. You have the legal right of the Constitution to remain silent. Make sure to invoke your right simply by saying you are invoking your right to remain silent. This is critical because many police cars are equipped with microphones and cameras and what you say can be used against you at a later time.
Contact an Experienced Defense Attorney
David Aylor is a Criminal Defense Attorney who practices in Charleston, Walterboro, and Myrtle Beach, SC. He graduated from the University of South Carolina School of Law, and has been practicing law for 11 years. David Aylor believes in defending the accused. Learn more about his experience by clicking here.