Sacramento, CA asked in DUI / DWI for California

Q: Can the cops search your vehicle if you are stopped for DUI?

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2 Lawyer Answers

Omid Rejali

  • Criminal Law Lawyer
  • San Diego, CA
  • Licensed in California

A: Generally yes. I say generally because the search needs to be incident to a lawful arrest. So assuming the arrest was lawful to begin with they would be able to search the inside of your car. However, they would not be able to search the trunk of your vehicle, unless they have probably cause to believe there is contraband there. It all depends on the facts of each case. Consulting with an experienced DUI attorney would help getting a better answer to your question. Hope this helps.

Dale S. Gribow

  • DUI & DWI Lawyer
  • Palm Desert, CA
  • Licensed in California

A: need more info

if they are going to arrest you and store your vehicle they inspect to note what was in it so you do not later say they took something etc.

however there may be a question whether they can search the trunk

hire a good DUI lawyer in your area to review your case

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