A person generally does not have an obligation to answer questions from a police officer—other than to give the officer the person’s correct name, address, and date of birth (if requested) when a person has been lawfully detained by the police (a stop and frisk) or arrested (a custodial arrest). And a person who has been stopped by the police while operating a motor vehicle generally must show the police a valid driver’s license, proof of registration of the motor vehicle, and proof of insurance—and confirm that the information is current, if asked.

But a person who has been stopped and detained by a police officer for a traffic violation or for suspicion of DUI/DWI (driving under the influence or driving while intoxicated) is not obligated to answer police questions regarding whether the driver has had anything to drink, where the driver is coming from, where the driver is going, or where the driver is employed, for example—or any other questions. For a person to properly invoke their Constitutional right to remain silent and their Constitutional privilege against self-incrimination, a person should affirmatively say something to the effect of “I don’t want to answer any questions and would like to talk to a lawyer.”

In South Carolina, individuals who are lawfully detained or arrested by police are required to provide their name, address, and date of birth upon request. During a traffic stop, drivers must also present a valid driver's license, vehicle registration, and proof of insurance. However, individuals are not legally required to answer further questions from the police, such as inquiries about their recent activities or consumption of alcohol, especially during stops for traffic violations or suspicion of DUI/DWI. To assert their Fifth Amendment rights to remain silent and against self-incrimination, it is advisable for individuals to clearly state their intention not to answer questions and their desire to speak with an attorney.