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Can my car be searched if I am pulled over for a DUI?

When any member of law enforcement pulls you over under the suspicion that you might be operating the vehicle under the influence of drugs or alcohol, you may worry that the officer will want to search the contents of your car.

The truth is, the Fourth Amendment protects your rights against this and if law enforcement conducts a search without permission or probable cause, it is unlawful. Often this is when an officer can find something to make a case against you.

It is generally a good idea is to not allow any additional searches or provide any statements or information. The officer is doing this in order to find something you are doing wrong, or to prove his suspicion was founded. While you don’t want to resist anything, you also don’t want to give him anything he can use against you. You can be respectful and cooperative and still exercise your rights by the Fourth Amendment as well as the Fifth Amendment right to not incriminate yourself.

If you are ever pulled over on suspicion of driving while impaired, it can be beneficial to contact an attorney as soon as you are able after an arrest is made. Remember that your words can be used against you and you have every right to decline to make any statement until your lawyer is present. Representation by an Orlando criminal defense attorney who is knowledgeable in DUI-related charges may just be the difference between a conviction and having the charges reduced or dismissed.



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