Statements Made to an Officer
After you have been pulled over for suspicion of DUI/DWI and before you are arrested, any statements that you make tending to show guilt of driving while impaired are admissible against you and there are no implications of a Constitutional violation so long as the statements were not elicited through coercive police conduct. A traffic stop is generally not regarded as sufficient custody to cause the Constitutional protections against self-incrimination to activate. Furthermore, a police investigation which requires the stopping of a vehicle in order to determine sobriety is not coercive police activity.
It is important to remember that a confession alone is not enough to find you guilty of driving while impaired or driving under the influence in South Carolina. The Corpus Delicti of driving under the influence or driving while impaired sufficient to allow admission of a confession has been pulling off the road and having the car come to rest against a tree, and where a defendant has rested his head against the car, slurred his speech, smelled of alcohol, and the officer based upon his knowledge and experience believe the defendant to be intoxicated.
The experienced attorneys at Everett Law Firm, P. A. can assist you in handling your criminal charges and determine whether you are eligible for an expunction. For a free case evaluation, call Everett Law Firm, P. A. located in Myrtle Beach, South Carolina and serving clients in Pawley's Island, Garden City, Georgetown and most surrounding counties. Our toll free phone number is (800) 942-8048.
