Determining the Legality of a Vehicle DUI Search

DUI or driving under influence is considered to be an offense as per all US state laws. The DUI offense could often lead to arrest of the accused, search and/or seizure of vehicle and a subsequent case at a criminal court. Under usual circumstances, a search of the vehicle may be conducted only in the presence of a valid search warrant. However, if the law enforcement officer(s) has probable cause to believe that a particular DUI offender is or could be a potential threat to the well being of himself or others, a DUI search may be conducted. The individual’s right to privacy is often utilized to deter a DUI search.
   
According to the laws of search and seizure procedure, the law enforcement authorities need not wait for a search warrant from the court. Whether the search was conducted lawfully or not is dependant on the establishment of the probable cause only. However, every US state has particular rules with regard to the DUI search procedure. For example, the Supreme Court of California says that a DUI search may be conducted if the patrolling officers have the probable cause to believe that the driver was impaired and thus not in a state to operate a motor vehicle, or that he or she possesses illegal objects like drugs, concealed weapons, and so on.

Legal DUI Search: Conditions

There are certain circumstances under which a DUI search is deemed as lawful, as follows:

* The concerned law enforcement officer has a valid search warrant to conduct the search of your vehicle.

* The concerned officer has the consent of the accused to conduct a search of the vehicle.

* The law enforcement officer has probable cause to establish that the accused is a threat to members of the society. For example, if a person suspected of driving under the influence of drugs or alcohol or both has a weapon on his backseat, the officer has the probable cause to conduct a search of the vehicle.

* A DUI search may also be done if the accused is already under arrest and his or her vehicle is inventoried or impounded in order to obtain evidence of crime.

Two-Point Test

There is a two-pointer test that is utilized to determine whether a DUI search done was lawful or not, in the absence of a search warrant issued by a court of law. This is as per the guidelines of the US Supreme Court. The two points are as follows:

1)The location, circumstances and situation in question; whether the accused was entitled to his or her right to privacy.

2)The reasonability factor; whether a normal person would accept that your right to privacy was justified under the circumstances.

In case the two-pointer test proves that a DUI offender is liable to becoming a threat to himself or others or may commit a crime, the DUI search of the person and the vehicle is legal. The law enforcement authorities may continue with the DUI investigation procedure after they have completed the search.