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Should I Consent to a Search of My Vehicle in a Delaware DUI Case?

Posted on : September 25, 2018, By:  Andrew Whitehead

There are many different mistakes that you can make in the handling of your Delaware DUI case. Ultimately, regardless of whether or not you made these mistakes, you can benefit from the experience and knowledge provided by a Delaware DUI criminal defense attorney.

One common question that comes up in these cases a lot is whether or not you should consent to a search of your vehicle. The police do not automatically have the right to search through your vehicle looking for evidence unless you can give up your rights by consenting to a search or give them probable cause to believe that there is something inside the vehicle.

An unfortunate way to turn what would otherwise be a misdemeanor DUI case into a felony weapons or drug case is to consent to the search of your vehicle after you are being pulled over. If they threaten you with getting a drug dog, impounding your vehicle and searching it or getting a warrant, tell them to go ahead and do this.

The officer might be operating from a sense of false confidence and might be trying to encourage you to give up your rights on your own. You are far better off to refuse a search of your vehicle and share the details related to your arrest and overall case with your experienced criminal defense attorney. Far too many people give up their rights and end up facing much more serious and significant penalties as a result of doing so.

If you are interested in protecting your rights as well as your freedom, make sure that you understand your rights before you even get on the road and understand how to remain calm and handle the situation of being accused of a DUI.

Even if the officer asked and you thought you were required to allow it, this does not erase the fact that you provided consent for the officer to be inside your vehicle.