145 N. Church St. Suite 501 Spartanburg, SC 29306

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If I am stopped for driving under the influence, do I have to answer police questions or take field sobriety tests?

A motorist who is stopped on suspicion of driving under the influence is not required to provide any information to a police officer other than his or her driver’s license and registration.  A stopped motorist is not required to answer any other police questions or to cooperate with a police investigation in any way.

This does not mean that an accused person should be belligerent, threatening, or rude to a police officer.  It simply means that a stopped motorist does not have to answer questions put to them by a police officer on subjects such as: “Where have you been”, “What have you been doing”, “Have you had anything to drink”, “How much have you had to drink”, and “Do you feel the effects of alcohol or drugs.”  Likewise, stopped motorists have no legal obligation to take field sobriety tests such as saying the ABC’s, counting numbers, following a pen with their eyes, standing on one leg, or walking a straight line.