It's crucial to understand your rights in a DUI situation. If the police pull you over and decide to arrest you for driving under the influence, they can impound your vehicle. As part of this process, they are allowed to search it for safety reasons. However, you have the right to refuse this search. Knowing your rights in this situation can make you feel more in control and empowered.
So, that answers the question after the arrest. They cannot search your vehicle as part of a DUI investigation unless they're going to arrest you or see something in plain view that gives them an idea that something illegal is going on.
However, what they can do is, when they pull you over for a DUI, they can shine their flashlight or look into your vehicle if it's daylight. If they see a half-drunk bottle of alcohol, they could use that observation in their police report to support the argument that they've been drinking and driving.
Any other illegal activity they see can indeed be reported, and if they see something blatantly unlawful in there, like a gun or some drugs, they're going to be able to search the whole car, impound it, and arrest you.
Police Asking For Consent To Search Vehicle
So, they are limited in what they can do, but one way they get around the limitation of not being able to search every car they pull over is to ask people: 'Do you say you don't have anything illegal in here? '
Are you okay with us searching your car? Most of the time, people, due to the pressure of the situation and their nervousness and fear, give the police consent to search. Support is the best for the police because they can search as much as they want. After all, the person is allowing them to do it.
If you say you don't want them to search and don't have probable cause, they technically can't search. Unfortunately, they often try to get around this by just searching anyway or bringing dogs in to try and sniff out some drugs.
That would give them probable cause to conduct a search. But in your standard DUI pullover, they should just be asking you for your license. They can ask the usual questions. Suppose they smell alcohol on your breath and see that you're driving erratically and feel like you might be under the influence. In that case, they can ask you to take their field sobriety test and request you to blow into the Preliminary Alcohol Screening device.
You Have The Right To Refuse Search
You can refuse both if you want, but the police are certainly entitled to ask you. Then, they will ask you a bunch of questions, trying to figure out whether you're drinking and driving.
Trying to figure out whether you have your head on straight, but if they smell alcohol on your breath, you look like you've been drinking and driving, and they point-blank ask you how many drinks you've had, and you tell them that you've had any alcohol, that's it.
If the police determine that you're under the influence of alcohol, they will arrest you. You'll be taken to the station for a blood or breath test, depending on your choice. The results of this test will determine whether you're arrested for a DUI or not.
They can get into your car if they can arrest you. Part of that arrest is if you have a car, they're allowed to impound the vehicle, and then they're able to search it. They don't have to search for it.
I've seen many police officers just ask the person's permission to park their car on the side of the road, which is great because it saves the impound charges, and there's no reason for the police to search it at that point. It's a catch-22.
On the one hand, if you're cooperative with the police, answer all of their questions, and do everything they say, and you're under the influence of alcohol, you're probably going to be arrested for a DUI.
On the other hand, if you're nasty to them and don't cooperate with them, you're probably going to be arrested for a DUI, and they're going to do everything they can lawfully to cause issues for you, problems for you, and keep you longer in jail.
If you feel like the police illegally searched your car, don't hesitate to reach out. We're here to support you. We'll sit down and review the entire scenario, and we'll let you know whether there was an illegal search.
As it relates to DUIs, searches of vehicles often don't matter. In other words, just because they illegally searched your car doesn't mean they can't get you for a DUI. This underlines the importance of being cautious and knowing your rights.
Review of Your DUI Case
Consider this: if the police find something in your vehicle that becomes a key piece of evidence for your DUI arrest and conviction, but they did so through an illegal search, any evidence they found could be deemed inadmissible. This could significantly impact your case. Understanding the potential consequences of illegal searches can make you feel the gravity of the situation.
However, in DUI cases, it's not what they find in the vehicle that's the problem. It's what they're seeing in your system — your blood alcohol level is a .08 or greater — that's the issue. That's the problem. If they pull you over illegally, that's a different story.
You can get everything knocked out, so first, you have to decide whether they illegally searched the car, and then you have to determine what that means to you and your case. The only way to do that is
Unless you've got Los Angeles DUI defense training background, the best way to determine whether the police illegally searched your car and what that means for your case is to sit down with an attorney who has done this before. An experienced attorney, who has been in and out of the local courthouses, knows how to deal with these types of motions, knows what's lawful, knows what's not legal, knows the case law in Los Angeles and California, and knows how to fight these illegal pullovers, illegal arrests, and illegal searches.
