DUI cases involve automobiles, and the law has long held that the police have the right to search an automobile without a warrant if they have probable cause to believe that either weapons or drugs may be found inside. Upon walking up to your car, the police are allowed to shine a flashlight inside and look around, ostensibly for "officer safety." This is not considered a "search" because by rolling down your window you are offering the officer the opportunity to observe things in "plain view" inside your car. If you have passengers, the officer is permitted to order them out of the car if he feels it is necessary for officer's safety. If you are pulled over in a "high crime area" or under circumstances where the officer reasonably believes that you may have a weapon or that you pose a threat to his safety, he may be permitted to pat you down under the justification of officer safety.

YOU ARE NEVER REQUIRED TO GIVE YOUR CONSENT TO SEARCH.

The police often ask for your consent to search the car even if there is no probable cause to believe there are drugs or weapons in the car. This is because the police believe that traffic stops often involve people who are criminals. The fact is, if the police gain your consent to search your car, they have the right to search everything in the car, including closed containers, until they are satisfied or you tell them to stop searching.

In the context of a DUI, a driver is often placed under arrest at the scene and once arrested, the police have the right to search the driver's car and person as "incident to the arrest."

Atlanta DUI Lawyers Clark & Towne

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