Whenever you are suspected of being under the influence, the cops will immediately fall into the same procedure of attempting to convince you to provide field sobriety tests and for your permission to draw blood. You DO NOT have to take field sobriety tests nor do you have to willingly let them draw your blood. You can require a warrant!

Per South Dakota law, you are required to comply with providing a PBT. However, you do not have to answer any questions about what you were drinking, when, and where. (Routine questions such as license and registration are fair game and should be politely answered). Most all of the other information the law enforcement officer is trying to get from you is to assist in convicting you of a crime. You have a RIGHT TO REMAIN SILENT!

Practically speaking, always be polite and cordial with the officer or they can make your life much more difficult. However, that doesn’t mean you cannot exercise your rights and require warrants and refuse to answer incriminating questions. If you believe that law enforcement has violated your rights by pulling you over without reasonable suspicion, tested you without any justification, or in any way violated your statutory and constitutional rights, don’t fight/argue with the officer and call us immediately! We will ensure your rights are protected and fight for justice.