If you get pulled over, does the officer have the right to search your car for evidence of drug or alcohol consumption?
In some instances, a police officer will ask you for permission to search your car. If you do not give permission, the officer CAN search your vehicle without a warrant if he or she has “probable cause.” This means that he or she believes that there could be evidence of a crime in the car.
What counts as probable cause? Well, if you were swerving wildly on the road, if you are slurring your words, have the smell of alcohol on your breath, or if the officer spots containers of alcohol in your car, these would all be good examples of probably cause. It is important for citizens to understand that when an officer searches your vehicle, he or she can also search your glove box, trunk, and any closed containers in the car, including boxes, backpacks, and purses.
If you believe that an officer searched your car without your permission and without probable cause, you may be able to get your case dismissed.
WHEN CAN POLICE PULL YOU OVER FOR A SUSPECTED DUI?
If you are following all of the rules of the road, can a police officer still pull you over and administer a sobriety test? In order to pull you over, a police officer must be able to present a “reasonable cause” or “reasonable suspicion.” This
doesn’t necessarily mean the officer must see you exhibiting signs of intoxication. An officer can pull you over for any rule infraction. That includes things like speeding and swerving, to even minor infractions, like a broken taillight or a failure to use your blinker. Once the officer pulls you over, he or she can administer a sobriety test if he or she suspects or sees evidence that you have been drinking or consuming drugs.
If you believe that the officer had no reasonable cause to pull you over, you can fight the traffic stop by requesting a “motion to suppress.” If the judge agrees with your evidence, the entire case can get thrown out.
If you believe that you were unfairly pulled over and given a DUI, contact the attorneys at Albrecht & Albrecht to review your case with a free consultation.
I WAS CAUGHT DRIVING UNDER THE INFLUENCE, WHAT SHOULD I DO?
If you were arrested for driving under the influence of alcohol, you may think you have no chance of winning a case and that a guilty plea is your only option. It is not. Even if you were tested and your blood alcohol level was .08% or higher, you still have choices.
It is important that before you enter a plea that you speak with a qualified attorney, specifically one with experience in representing DUI cases. Every DUI case is different. Maybe your test was administered incorrectly. If you have an otherwise clean record, it may be possible for a skilled attorney to work with the prosecutor to plea bargain you down to a lesser offense.
You just don’t know what is possible until a qualified attorney reviews your case. So, before you plead guilty to a DUI, Albrecht & Albrecht for a free case review so you get the best guidance possible.