Should You Agree to a Search of Your Vehicle During a DUI Stop?

 Posted on March 10, 2025 in DUI

If you are pulled over on suspicion of DUI, it is important that you understand your rights in case the officer asks if you will allow your vehicle to be searched. Since law enforcement must have a valid reason to conduct a vehicle search prior to an arrest, your case could be impacted by whether you agree to the search or not.

Absent a warrant, an arrest, or clear probable cause, you have the right to refuse a search of your vehicle. Many people believe that because they are driving while intoxicated – and are probably about to be arrested for that offense – they lose their other rights. This is not true, and any evidence gained illegally can potentially be suppressed.

If evidence is suppressed, the outcome of your case is much more likely to be favorable. If you believe your vehicle was unlawfully searched during a DUI stop or another type of traffic stop, it is important that you speak to an experienced Silver Spring, MD DUI lawyer.

What is Probable Cause?

Probable cause is required for a traffic stop, the search of a vehicle, person, or home, or to obtain an arrest warrant from a judge. Probable cause means there is sufficient clear evidence that a stop, search, or arrest is warranted. In the context of a DUI, an officer must have probable cause to believe the driver of a vehicle is impaired to pull the driver over. Merely seeing a person leave a bar and get into his or her car to drive home is not probable cause.

The officer must see the driver exhibit some type of erratic driving behavior like weaving back and forth, crossing the center line, failing to stop at a stop sign or stop light, driving too fast, or driving unusually slowly. If there is sufficient probable cause to stop the vehicle, then the officer must have probable cause to conduct a field sobriety test or a portable breathalyzer test.

A driver who has very red, watery eyes, is slurring his or her words, smells of alcohol, or has other clear signs of impairment may warrant further questioning or testing. A DUI arrest could only be made if the field sobriety test and/or breathalyzer backed up the officer’s suspicions of the driver’s impairment.

What is Reasonable Suspicion?

Reasonable suspicion is a common-sense conclusion about human behavior. If the driver in question continuously makes furtive glances toward his or her glove box and acts odd when the officer asks if there is a weapon in the car, the officer may have reasonable suspicion to check the glove box. This could be a gray area, as another reasonable person might not agree the officer had reason to believe there was a weapon in the glove box simply because the driver glanced in that direction.

While "probable cause" and "reasonable suspicion" are often used interchangeably, the terms are different. Reasonable suspicion is the step prior to probable cause. At the point of reasonable suspicion, an officer believes a crime may have been committed. If it becomes more obvious that a crime has been committed, then probable cause applies.

Remember – you do have the right to refuse a search of your vehicle before your arrest unless the officer can clearly see something that gives him or her probable cause or has a warrant. Without additional evidence, there may be no cause for an arrest. If you are arrested, your car is impounded, or there is something in your car in plain sight – like drugs or a weapon - your car can be searched.

Contact a Montgomery County, MD DUI Lawyer

If you have been charged with DUI, it is important to speak to a Silver Spring, MD DUI attorney from The Law Offices of Gerstenfield & Demirji, PC. as quickly as possible – especially if you believe there was no probable cause or your vehicle was immediately searched without your permission. Our lawyers are available 24/7 and have excellent relationships with prosecutors and judges. We are fluent in Arabic and Spanish. Call 301-589-9500 to schedule your free consultation.