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Are the Police Allowed to Search My Car?
If you have been stopped for a traffic violation the police may determine that other potential charges are possible. If law enforcement thinks that you are under the influence of alcohol or drugs, the additional DUI charges may be made. The police can’t simply search your vehicle without your consent, however, there are some exceptions.
Impaired Driving
If a member of law enforcement feels you are DUI the first thing he or she may do is ask you to step out of the vehicle. If there are passengers, they may also be asked to exit the car. Once outside, the officer may ask you to take some preliminary tests, called field sobriety tests. These are simple tests designed to screen for potential impairment. If impairment is evident, the officer may request you to submit to a DUI test. The breathalyzer test is often administered roadside. It measures the blood alcohol concentration. In Florida, the legal driving limit is a BAC of 0.08%.
Vehicle Search
The police officer may ask the driver for permission to search the vehicle. If granted, law enforcement will be able to search all areas of the car including under the seats, in the glove compartment, console, and trunk. Any drugs or alcohol found in such a search will be used as evidence in court. Also, separate charges may be applied. For example, if drugs are found the driver may be charged with possession or even with intent, depending on the amount found.
Refusal of Search
While you may feel strongly about refusing to search the vehicle, the police may use other tactics to conduct the search. The police may actually see drugs or drug paraphernalia in sight. If the item is in plain sight, the police may have cause to search the rest of the car. If the vehicle is towed, the police may end up searching it once it is in their possession. When the police have reason to believe there is something illegal in the vehicle they can request a search warrant. This takes time and must be approved by a judge.
Defending Charges
If your vehicle was searched and further charges have been made based on these findings, it is important to talk to a criminal attorney as soon as possible. Your lawyer will review the entire case to determine whether the search was done in a legal manner. If not, any evidence collected as a result of the illegal search will not be admissible in a court case. Talk to a lawyer as quickly as possible to assist in defending charges in your case.
Decades of Trusted Service. Hundreds of Grateful Voices.
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“David Katz sets the standard by which all other defense attorney's must measure. He not only knows his craft and has the experience to back it up, he relishes forcing his opponents to follow the law towards the best outcome for his clients.”- Karate K.
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“Christine Vazquez took on our case with a 24hr commitment. She put everything on the line to hold the judicial system accountable.”- Phil W.
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“I can’t thank attorneys Christine Vazquez and David Katz enough for the incredible job they did on my DUI case.”- Gabriel H.
Why Hire Katz & Phillips?
Some important reasons to secure experienced representation include:
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Board-Certified* Attorneys
Our founding attorneys are two of three board-certified* DUI defense lawyers in the state.
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Former Prosecution Experience
As former prosecutors, we bring an invaluable perspective and skillset to every case.
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High Success Rate in Criminal Defense
With a 90%+ success rate, our proven track record of success speaks for itself.
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Decades of Experience
With more than 10,000 cases handled, our advocates are well versed in criminal law to help you navigate your case with care and efficiency.
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Always Responsive
Our team is available to take your call and address any questions or concerns you have.
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Financing Available
The last thing you need during a criminal case is financial stress. Our firm offers financing with no credit check required.
Meet Your Dedicated Defense Team
Led by two of Florida's Board-Certified* DUI Experts, Our attorneys bring together more than 50 years of success, defending clients across Florida against criminal and DUI charges.
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DUI Charges Reduced
The court deemed all other conditions satisfied so M.A. did not have to go on probation at all and walked out of courthouse with a fine and fees to pay, and the case behind her.
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Case Dismissed
J.A.R. had had a previous DUI conviction and was facing mandatory jail time if convicted of this offense. In reviewing the discovery provided by the state, our team found several issues with the police investigation, and realized that our clients’ rights had been violated.
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All Charges Dropped
In reviewing the evidence provided by the State our team realized that T.R.’s rights had been violated when she was immediately illegally arrested by the Trooper. Further, there were many other errors made by the Trooper which would result in the evidence gathered being suppressed.
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All Charges Dropped
In this case, our client, R.H., was out with friends. A family member who was angry with him tracked his location by tracking his cell phone, called the police, told them he was very drunk, and led the police right to his car. The officers stopped his car and eventually arrested him.
Our Case Results
Two of Florida’s only Board-Certified* DUI Defense experts fighting for you.
- DUI Charges Reduced
- Case Dismissed
- All Charges Dropped
- All Charges Dropped
