If you have been lawfully arrested for driving under the influence, the police will be able to search your car.
It is one of every driver’s worst nightmares: driving along when you see flashing lights in your rearview mirror. Being pulled over by the police is always stressful, but it is even more terrifying when you know that you have had an alcoholic beverage (or more than one), or that you may have taken drugs or medication that may have impaired your ability to drive.
Under California law, driving under the influence of alcohol or drugs is a crime, typically called a DUI or DUID if it involves drugs. For most drivers, the legal limit is .08 percent blood alcohol content, or BAC. Otherwise, if you are too impaired to drive with the care of a reasonable sober person due to alcohol or drugs, you may be arrested and charged with a DUI.
One question that often arises for clients charged with a DUI is whether the police can legally search your car if you have been arrested for a DUI. As a general rule, under both the California and United States constitutions, you have a right to be free from unreasonable searches and seizures. This means that — with certain exceptions — the police usually need a warrant to search you or to search your car.
However, as a seasoned Riverside DUI attorney will tell you, if you have been arrested for a DUI, the police have the right to search you and your car without a warrant. This can happen in one of two ways. First, the police can perform a search of your car directly after arresting you. The only areas that can be searched are those that are under your immediate control at the time of your arrest, such as a purse, backpack, or areas of the vehicle that were within your reach (such as the passenger seat, but not the trunk). Any property that is connected to a crime or required as evidence in the criminal investigation may be seized by the police.
Second, the police may perform what is known as a search incident to lawful arrest of your car. This can occur hours after your arrest, after your vehicle has been towed away from the scene and is in the police impoundment lot. Typically, the search must be done in a timely fashion, such as within that same time. This search can be more broad and is not limited to areas within your immediate control at the time of your arrest.
Any evidence found in your vehicle, such as illegal drugs, an unregistered firearm, or an open container of alcohol, could be used against you to support the DUI charge or additional criminal charges. A skilled Riverside DUI attorney can potentially argue to have this evidence suppressed based on the facts of the arrest and the search itself.
If you have been charged with a DUI, contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com. Our team of experienced Riverside DUI attorneys will help you fight for your rights and your freedom.
