Q: If i refuse an officer to search my vehicle can he then state that he thought i was under the influence
I was pulled for "speeding " never got a speeding ticket and he didnt say anything about being under the influence untill after i refused him to search my vehicle
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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.
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