Q: If i refuse an officer to search my vehicle can he then state that he thought i was under the influence

A: In South Carolina, if you refuse to allow an officer to search your vehicle, that alone does not give the officer a reason to claim you're under the influence. However, officers may use other observations, like the smell of alcohol, slurred speech, or erratic behavior, to justify their suspicions.

If the officer did not initially suspect you were under the influence and only mentioned it after you refused the search, this could be questionable. It’s important to remember that you have the right to refuse a search, but officers may still try to find other reasons to justify their actions.

You should carefully document everything that happened during the stop. If you believe your rights were violated, it may be beneficial to seek legal advice to understand your options and how to proceed.

A: When you refuse to allow an officer to search your vehicle, it’s important to know that this alone does not give them probable cause to accuse you of being under the influence. However, if the officer genuinely believes you are impaired based on their observations—like your behavior, appearance, or the smell of alcohol—they may still proceed with a DUI investigation. The timing of the officer’s statement about you being under the influence, particularly after your refusal, could raise questions about their true motivations.

It’s crucial to understand your rights during a traffic stop. You have the right to refuse a vehicle search unless the officer has probable cause or a warrant. If you believe the officer’s actions were retaliatory or not based on actual evidence of impairment, that could be significant in your case.

Consider seeking legal advice to explore whether the officer's conduct during the stop was appropriate. Understanding your rights and how they apply in your situation is vital to addressing any potential legal issues that may arise.