Understanding Your Rights After a DUI Arrest
Let’s say you’ve been arrested for DUI, and as a result of that arrest, your car was towed to an impound. Does that give law enforcement the right to then go searching through your car to see what else might be in there? Hi, my name is Carl Birkhead. I’m a Tulsa criminal attorney with Wirth Law Office in Tulsa, Oklahoma.
I’ve been practicing family and criminal law for almost eight years now, and I wanna help you make law easy by talking about when law enforcement has the right to search your car.
When Can Police Search Your Car?
Let’s talk about a common situation: your car gets towed and impounded. Does that automatically give law enforcement the right to search it? The short answer is no, but there are exceptions.
Say you’re arrested for a DUI and later, while in custody, you blurt out something like, “Well, at least they didn’t find the meth in the trunk.” Now they have a reason to look, but they still need to get a warrant. That warrant must be specific — it outlines exactly what they’re allowed to search and seize. So if your car has gym clothes, a couple of backpacks, or a random phone case lying around, they can’t just grab everything. They’re only allowed to search for and take items related to what you mentioned — in this case, drugs.
The Importance of a Warrant
The same rule applies if you’re arrested at home and talk about something in your car. Law enforcement can’t go on a fishing expedition through your stuff just because it was impounded or because you talked. Their search must be based on probable cause and tied to a valid warrant. If you’re in this situation or worried your rights were violated, give me a call.
Low-Cost Initial Strategy Session
My name’s Carl Birkhead, I’m a Tulsa DUI attorney with Wirth Law Office, and I wanna help you make law easy. If you have questions or feel your rights have been compromised, don’t hesitate to reach out for a low-cost initial strategy session. Contact me at 918-879-1681 and let’s discuss the details of your case in a way that’s easy to understand and actionable.
