Yes—police can search your car after a DUI in California, but only under certain conditions, and they must have a legal reason to do so. However, if you’ve been pulled over and suspected of driving under the influence (DUI), you still have rights.
The last thing you want is to find yourself in a situation where your car is searched without your consent or proper cause. We have the answers to questions like this one and more. Reach out to our team at Los Angeles DUI lawyer to be connected to a lawyer for a free consultation as soon as possible.
What Are the Search and Seizure Laws in the State of California?
Under California state laws, the Fourth Amendment to the U.S. Constitution protects you against unreasonable searches and seizures. This means that law enforcement needs a valid reason more often than not.
Known as probable cause, this is a prerequisite to searching your vehicle or arresting you. Without probable cause—or a warrant in some cases—the police cannot search your car whenever they want.
That said, when it comes to DUI arrests, there are specific rules that allow law enforcement to search your car without either a warrant or probable cause. Let’s take a closer look at when and why the police can search your car in the context of a DUI stop.
When Can Police Search My Car During a DUI Stop?
There are several scenarios in which the police can search your car after a DUI stop. However, each situation is still governed by strict rules.
You can always reach out to a Los Angeles DUI attorney for more information about the legalities surrounding stops of this nature. In the meantime, here’s a general overview of what constitutes a legal stop and search.
Probable Cause and the Search of Your Vehicle
A very common reason behind police stopping drivers and searching cars during a DUI stop is if they have “probable cause.” As mentioned earlier, this means the police officer holds a reasonable belief that there is evidence of a crime inside your vehicle.
In the case of a DUI stop, probable cause might stem from the following factors:
- Open containers: If you’re pulled over under suspicion of a DUI and the officer sees an open alcohol container in your car, it might serve as probable cause to search your vehicle for additional evidence.
- Odor of alcohol or drugs: If the officer smells an odor of alcohol or drugs coming from your vehicle, they may have probable cause to search your car.
- Inconsistent statements: If you make conflicting statements about your whereabouts, drinking habits, or behavior, the officer could suspect that you’ve been driving under the influence, which they could use as probable cause.
In these cases, the police may conduct a search without your permission because they have probable cause to believe that your vehicle contains evidence related to a crime.
Search Incident to Arrest
If you’re arrested for DUI, California law allows the police to search your vehicle as part of the arrest process. This is known as a “search incident to arrest.”
When you’re arrested, officers may search your person—as well as your vehicle—for evidence, such as dangerous items or weapons. For example, if you’re arrested for DUI, they may search your car to see if there are any drugs, open containers of alcohol, or items that can be used to support the DUI charge.
However, this search can only occur after an arrest. If you’re detained but not arrested, the police cannot search your vehicle simply because you’ve been suspected of a crime. Your constitutional rights still apply.
Consent Searches
Another way the police can search your vehicle during a DUI stop is if you voluntarily give them consent. If the officer asks to search your car and you agree, they do not need a warrant or probable cause to conduct the search.
However, it’s important to note that you are not required to give consent. If you refuse, the police will need to find another legal basis to search your vehicle, such as probable cause or a search incident to arrest.
If you’re unsure whether to give consent, you have the right to decline the search. Politely inform the officer that you do not consent to the search, and ask if you are free to leave.
Inventory Searches
An inventory search occurs when your car is impounded after an arrest. In this situation, the police may search your vehicle as part of their routine procedure to document its contents before impounding it.
Inventory searches are typically allowed as a way to make sure the vehicle is properly secured. They also assist with proving that no dangerous items are left inside.
Even though this type of search can happen without probable cause, it must be conducted according to police department procedures. Ultimately, the goal of an inventory search is to catalog the car’s contents, not to look for evidence of a crime.
What Happens If the Police Search My Car Without Legal Justification?
If the police search your car without legal justification, any evidence they find may be inadmissible in court. This means any evidence they discover cannot be used against you in a DUI case if none of the following was present:
- Probable cause
- A warrant
- Your consent
With that information in mind, if you believe your rights were violated during a DUI stop and search, you have the right to question the legality of the search.
Your Los Angeles DUI lawyers can also challenge the evidence in court on your behalf. With an attorney by your side, you can trust that a professional will help evaluate whether the search was lawful in the first place.
Reach Out to Los Angeles DUI Lawyer Today to Learn if Police Can Search Your Car After a DUI in California
In California, police can search your car during a DUI stop under certain conditions, but they must have a legal reason to do so. If you’ve been pulled over for a DUI and the police search your vehicle, it’s important to reach out to legal counsel for advice.
At Los Angeles DUI Lawyer, we know how tough a situation like this can be—but we’ve helped thousands of people connect with attorneys who have helped them, and we want to do the same for you.
If you need a lawyer you can trust, contact us as soon as possible. We can help you find the right one for your case. With legal counsel by your side, you’ll have someone in your corner who’s there for you every step of the way.
