If you get pulled over and the officer suspects that you are impaired in South Dakota, they may ask you if you’ve had anything to drink today. If the reason for the traffic stop was that you were speeding, they may ask you if you know how fast you were driving. In other cases, the officer may just ask if you know why they pulled you over to see what you say.
You need to know that you don’t actually have to answer these questions. You could just give noncommittal answers like saying that you’re not sure how fast you were driving or you’re unsure why the officer pulled you over. You could also simply tell the officer that you are using your right to remain silent and that you don’t want to answer any questions without your lawyer at your side.
Will they arrest you?
You may get arrested, but not for refusing to answer the questions. You do have a legal right to remain silent and you don’t need to answer. However, if the officer still believes that you violated the law, you may face arrest. Even if you don’t admit to drinking, for example, they may give you a breath test or field sobriety tests.
The trouble with answering these questions is that you could accidentally incriminate yourself. You may think you’re just trying to cooperate when you tell the officer that you had a beer with dinner or that you think you were driving 85 miles an hour. The officer may just take your words as an admission of guilt.
Your legal options
It is true that anything you say can be used against you in court, so it’s very important to be careful with any statements that you make or answers that you give. After an arrest, you also need to know about your legal defense options.