If the police pull over a driver under the suspicion of drunk driving, they may need evidence before making a lawful arrest.
The police have several ways to collect evidence. However, drivers have protective rights too. Here is what you should know:
1. Police questioning
The police can ask drivers questions, such as where they were driving from or if they were drinking. A driver could admit to drinking, which could lead to an arrest and drunk driving charge.
Drivers do not have to answer any questions from the police. Under the Fifth Amendment, drivers are protected from making self-incriminating comments. A self-incriminating comment is anything that could tie a driver to a crime. If a driver does not wish to answer the police, they can plead the Fifth. Pleading the Fifth is a polite way to say that a driver will not answer questions, but they are still willing to cooperate.
2. Physical evidence
A driver could find incriminating evidence if they find open bottles or cans of alcohol in a driver’s car. If the driver is asked to have their vehicle searched by the police, they may be able to refuse. Drivers may not have their vehicle unreasonably searched by the police under the Fourth Amendment. The police would either need permission from a driver, a warrant or have made a lawful arrest to search a vehicle. However, if they look into a car from outside its windows and find incriminating evidence “in plain sight,” then they may not be violating a driver’s rights.
The police can not unlawfully force drivers to do anything they do not want. If a driver believes their legal rights were violated, it may behoove them to reach out for legal help.
