Experiencing the sudden appearance of flashing police lights in your rearview mirror is a daunting scenario for any driver. The situation becomes far more distressing when you are aware that you’ve consumed alcohol, drugs, or medication which could have impaired your driving ability.
California legislation categorizes driving under the influence of alcohol or drugs as a criminal act, typically termed a DUI or DUID (if it involves drugs). For most drivers, the legal blood alcohol content limit is .08 percent. If alcohol or drugs have impaired your ability to drive safely, mirroring the care exhibited by a reasonably sober person, you may be apprehended and charged with a DUI.
A frequently posed question from individuals facing DUI charges is about the legality of a car search by the police after a DUI arrest. The constitutions of both California and the United States grant you protection from unreasonable searches and seizures. In most cases — barring certain exceptions — law enforcement personnel usually need a warrant to perform a search on you or your vehicle.
Can the Police Search Your Car Following a DUI Arrest?
As an experienced DUI attorney will explain, once arrested for a DUI, law enforcement has the right to conduct a warrantless search on you and your vehicle. This typically happens in one of two ways.
Firstly, the police may conduct a search of your vehicle immediately after your arrest. The scope of the search is limited to areas within your immediate control at the time of your arrest, such as a purse, backpack, or areas within the vehicle reachable by you (e.g., the passenger seat, but not the trunk). Law enforcement can seize any property that may serve as evidence or has a connection to the crime.
Secondly, there’s the so-called “search incident to lawful arrest” of your vehicle. This kind of search can take place hours after your arrest, possibly when your car is in the police impound lot following a tow from the scene. Typically, this search should be executed in a timely manner, often within the same day. This search isn’t restricted to areas that were under your immediate control at the time of your arrest.
Any evidence discovered in your vehicle, like illicit drugs, an unregistered firearm, or an open alcohol container, can be used to bolster the DUI charge or bring additional criminal charges against you. An adept DUI attorney can potentially contest this evidence based on the specifics of the arrest and search.
Reach Out for Legal Assistance
If you find yourself facing a DUI charge, don’t hesitate to get in touch with the Simmons Wagner, LLP. You can contact us today at (949) 439-5857 for a free legal consultation.