According to FBI data, there were approximately 880,000 DUI arrests in 2024, a slight drop in comparison with 2023.
Whether you have ever wondered what rights you possess during a DUI stop or not, the question of whether or not the police can lawfully inspect your car must have also occurred to you.
If you’re concerned about the consequences of a DUI, you might be wondering how many points lead to suspension of a license in NC.
The short answer to this question is that the police can search your car during a DUI stop under specific circumstances, even without a warrant or your consent, such as if they have probable cause from the “plain view” doctrine.
Let’s look at your rights during a DUI stop and how you can handle a police search without your consent.
Rights During a DUI Stop
When faced with a DUI charge, you have the right to maintain your silence and decline to participate in field sobriety testing. The law protects you from self-incrimination and errors in the administration of such tests as fundamental rights. When asked whether you have been drinking, it is best to invoke your right to remain silent.
Attempt to be relaxed and respectful. These are voluntary tests, and there is no possibility of them being punished immediately if they are not taken. A refusal to undergo a chemical test, including a breathalyzer that identifies the alcohol content in your blood, can lead to administrative sanctions, including a suspension of your driving license and other sanctions.
A Myrtle Beach DUI lawyer says DUIs are “wobbler” offenses, which means they can be classified as either misdemeanors or felonies based on the circumstances.
Probable Cause for Vehicle Search
What situations might allow the police to go through your vehicle on a DUI stop? On a DUI stop, police may search an automobile if they have a reasonable belief that crime-related evidence exists within it. “Probable cause” refers to a reasonable belief based on concrete facts and circumstances that a crime has been or is in progress.
Suppose an officer smells alcohol or marijuana in your car. They could see an open container or drug paraphernalia in plain sight. Any of these circumstances would give an officer probable cause to search your vehicle under that scenario.
If you or any of your passengers acted suspiciously by trying to hide something or displayed nervous behavior, those would be other elements working toward getting that probable cause to justify a search of the vehicle.
Understand that the Fourth Amendment protects the individual and their property from unreasonable searches and seizures. Officers must have a valid reason supported by facts to search a vehicle during a DUI stop.
Consent to Search Your Car
In general, drivers possess the ability to deny permission to have their cars searched. You can clearly state, “I don’t consent to a search,” assuming the situation is indeed respectful, when an officer asks to look at your car. Remain calm and polite throughout the interaction.
Since a consenting party allows a search of the entire car and all the closed containers therein, it is generally nearly impossible to withdraw consent once given. An officer might put you under some pressure to give a consent search, but you hold onto the right to say you do not consent unless the officer has a warrant or probable cause.
It would be beneficial to you to not allow the police to search your car under any circumstances unless they have a good reason. This would put you in the right situation to avoid an unconstitutional search if you are stopped due to DUI, provided that you are aware of most of your rights and communicate them assertively.
Handling a Search Without Consent
The best action to take once the police inspect your car without your permission is to take a stand and protect your rights. Keep calm and refrain from any physical interference with the search.
When officers search, assert your rights by saying you don’t agree to it.
Avoid any abrupt actions that can be taken as a threat. Record their names, badge numbers, and witness information. You can exercise your rights by staying silent. Do not give them any information that can be used against you.
You have enough legal grounds to institute court actions against the officers for their unlawful search and seizure acts, rather than resisting the unlawful search right there. Then calm down and write all that you can remember about the event.
There is no need to waste your time. You must call a lawyer to know your legal rights and defend them.
Legal Implications of Car Search
One thing you need to understand at a DUI stop is that the arresting officers must have probable cause to search the vehicle without your permission. Probable cause implies that the police should have a reasonable suspicion that he/she will find the presence of open containers of alcoholic beverages or drugs in your car.
In the case when the police illegally search your car without due probable cause or without your permission, the information they find can be declared inadmissible against you in court. Such evidence could potentially harm the prosecution’s case against you.
In case you consider that your rights were infringed in the course of a search of your car, it is better to find an attorney who will tell you what you have to do to defend yourself.
Be updated and keep in mind that you should be aware of your rights to defend yourself in case of any DUI stop.