Search & Seizure Law For DUIs

Posted on: 22 July 2020

If you are charged with a DUI or DWI, you may have had your vehicle searched. In some cases, officers participate in an unconstitutional search and seizure of your items in order to bring this charge forward. If officers find evidence as part of an illegal search, it cannot be admitted at trial.

Do you think you have been the victim of an illegal search? This is what you need to know as you face DUI charges.

When Can Officers Search Your Vehicle?

The first point at which officers are legally allowed to search your vehicle is with a search warrant. The warrant defines the search scope, which may include only an individual's body or car. The items found during this kind of search can be used as evidence in a trial.

You can also consent to a search of your vehicle and person if you are pulled over on suspicion on DUI. Consent allows the items to be used as evidence in a trial. If you do consent, you may also be able to withdraw consent. Clearly state that you are withdrawing consent to make this clear. If you withdraw consent, items found after this may not be usable in court.

Can You Always Withdraw Consent?

Remember that there are some instances in which you are not allowed to withdraw consent during a search. For instance, you cannot stop a search after a police officer has found something incriminating. It can be used as evidence in court.

In the case of a DUI, for instance, you might consent to a search. You cannot withdraw consent to a search if an officer finds several open containers in the backseat. These open containers may be used to bolster a DUI case against you.

Likewise, the results of a field sobriety test can be used against you even if you decide that you no longer want to participate in the field test after you've already started. While you may no longer participate, the results may be admissible.

What Should You Do?

If you are facing a DUI and believe you may have become the victim of illegal search and seizure, you should consult with a DUI attorney. An attorney will help you determine the next steps you need to take to protect yourself. You need representation for your rights, and you should not have to do it alone.

Call an attorney today to schedule a consultation to talk about your case. You have options, and you have rights.

To learn more, visit a website like


Staying Out Of Trouble

About a year ago, I realized that I was starting to bend the rules a little when I was out in public with my friends. I was really nervous about getting caught, so I started thinking more carefully about what I was doing and why I was doing it. However, one night, I decided to go streaking, and I was arrested. I realized that I needed to work with a criminal attorney to get the help that I needed, and I sat down with them to go over the details of my case. After a long and arduous court case, I had learned my lesson and stayed out of jail. This blog is all about staying out of trouble in the first place and knowing how to prevent problems in your personal life.