Reader’s Question:

My daughter was arrested for DUI in Washington, DC but she didn’t drink any alcohol. She admitted that she smoked a little pot. Why was she charged with DUI? Also, she said that she didn’t give the officer permission to search her vehicle but he still did. Were her rights violated and was it an illegal search of her property?

Akira

Washington, DC

Your daughter’s rights were not necessarily violated if the police officer still searched her vehicle even though she didn’t give him permission to do so. If the police officer can prove substantial reason to suspect that your daughter’s vehicle contained an illegal substance or evidence of a crime, then the officer is considered to have probable cause to search the entire passenger cabin, and in some cases, any containers or packages present in the front section of the vehicle. The law imposes a lesser expectation of privacy when an arrest involving a vehicle is made. But remember that a good DUI lawyer would explore proper probable cause when trying or plea bargaining your daughter’s case.

In Washington, DC, DUI is defined as driving under the influence of alcohol or drugs. Your daughter was arrested for DUI because she was suspected of being high or stoned and believed to be chemically impaired while operating a motor vehicle.

Tags: drunk driving laws, DUI, DUI arrest, DUI lawyer