With warmer weather around the corner, you can expect the South Carolina police to step up their DUI patrols and checkpoints. This means it’s likely we’ll see an increase in the number of traffic stops happening each week. If you get pulled over by an officer under the suspicion of DUI, whether you’ve had one too many or not, one of the first questions on your mind will likely be whether you can ask for a South Carolina DUI defense lawyer during the stop. Here’s what you need to know.
You Can’t Ask for an Attorney Until You’re in Custody
Typically, you’re only able to ask for an attorney when you’re in custody after you’ve been arrested. This means you won’t be entitled to an attorney during the traffic stop. Remember, just being stopped doesn’t mean you’ve been arrested. It just means law enforcement is acting on reasonable suspicion and is trying to figure out if you’re driving under the influence.
If they arrest you, you can and should request a South Carolina DUI defense lawyer as soon as possible. In fact, you may want to avoid answering their questions or providing them with more information after being arrested until you have a chance to speak with your attorney.
What You Can Do
Though you may not be able to ask for an attorney during the traffic stop, there are a few things you can do as you navigate the situation. This includes the following.
You Can Refuse to Perform Sobriety Tests
You have every right to refuse to perform roadside sobriety tests. After all, these tests aren’t always accurate, and submitting to them when you know you won’t be able to perform them well could make it harder to show that you weren’t as intoxicated as law enforcement believed or show that you weren’t over the legal limit if you were drinking responsibly.
Keep in mind that you’re still required by law to submit to a blood alcohol screening like a breathalyzer test under South Carolina’s informed consent law. These tests may be performed at the police station under the supervision of law enforcement or at a hospital by trained medical practitioners.
You Can Refuse to Answer the Officer’s Questions
You’re permitted to remain silent and only provide necessary information like your driver’s license, insurance, and vehicle registration. You’re not required to answer questions like the following:
- Have you been drinking?
- Where are you coming from?
- Where are you going?
- Have you done any drugs tonight?
If the officer asks a question that could lead you to incriminate yourself, you don’t have to answer. Keep in mind that not answering questions may create more suspicion and cause the officer to take your silence as an admission of guilt. This may lead them to arrest you.
You Can Remain Silent During the Arrest
If you are arrested, you have the right to remain silent. It may sound cliché, but staying silent when you’re arrested for DUI can make it easier for your attorney to represent your case. In doing so, you avoid giving law enforcement more information, appearing belligerent, or accidentally admitting guilt.
Keep in mind that the right to remain silent applies to all arrests, regardless of what you’re being arrested for. Exercise that right.
Ask for an Attorney as Soon as Possible
Though you may not be able to ask for an attorney during your traffic stop, you can ask for an attorney as soon as you’re under arrest. And doing so should stop the police from questioning you until your South Carolina DUI defense attorney is by your side.
Need an experienced team to represent your case? Contact Truslow & Truslow today.