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Can an officer search my car if I get pulled over for drinking?

Are police officers always allowed to perform a car search?

Generally speaking, law enforcement are allowed to search your vehicle if they pull you over. It is important to know that there are three basic times that they can legally search your vehicle when you have been stopped:

  • Consent: most of the time an officer will ask you if they can search your car, and you are under no obligation to comply. In fact, you can remain silent and that in no way obligates you or gives conscent. If you do give permission, then the officer can, and most likely will, search your entire car. 
  • Reasonable Suspicion: if an officer believes you are hiding something, or may be in possession of something dangerous or illegal, they are allowed to perform a car search. There are specific laws as determined by your State, and those will give the perameters of the car search and where they can legally go through your personal belongings. The officer needs to have a reasonable hunch that your car may contain illegal contraband or dangerous weapons to perform this search. The only exception to this rule is when you are being denied your 4th Amendment rights of the US Constitution. 
  • Warrant: it is entirely possible for the officer who pulled you over to detain you by placing you in the back of their vehicle, wait for another officer to arrive, and upon their arrival with a search warrent perform an entire and thorough search of your car. 

Your best option, should you have nothing to hide, is to consent to the officer searching your vehicle. If you are certain that you do have something to withhold from the officer, then it would be best for you to not give your permission for a car search. In this case you would want to request your attorney, and this cannot be held against you. If they decide to still search your vehicle and you have not given your consent, you will have some leverage when you appear in court and contesting it will go better for you. Hiring a professional and experienced attorney will be the best option as they will help you better understand your legal rights, as well as unpack the car search and if that violated your 4th Amendment rights. 

What if I was pulled over for a DUI, can they still search my car?

While the officer would still need to have a reasonable concern as defined above, they can still request. This would also be the best time for you to not try and talk your way out of the situation with the officer as this only makes you look guilty and as though you have something to hide. Your best practice is to remain silent and that silence will also communicate on its own no consent to perform a car search. Again, this cannot be held against you. If you know your BAC (blood alcohol content) is above the legal limit, then you should definitely remain silent. If pushed for access to your car, or to perform a sobriety test, you would be wise to respectfully demand your lawyer be present and to remain silent from that point forward. Always be respectful, keep both hands on the wheel at all times so as not to create further suspicion, and remain calm. You can give your license and registration, but that is where their legal right to demand access to you and your vehicle ends, unless as noted above. 

Conclusion

All of this can be avoided by choosing to never drink and drive, under any circumstances. Retaining an experienced DUI attorney will gain you the freedom to understand what your rights are and what the next steps you should take will be best for your particular DUI case. 

(Read more: - DUI Law - DUI Law - technicalities )

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