If your car is impounded after you are arrested for a DUI, can/will the police search it?

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If your car is impounded after you are arrested for a DUI, can/will the police search it?

A friend was just arrested and released for DUI. His car was impounded and there may be a small amount of drugs in the car. Will they arrest him again?

Asked on May 29, 2011 under Criminal Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

The police will search the impounded vehicle.  This is an inventory search so that your friend won't be able to claim that the police stole any items from his car.  In addition to an inventory search of the contents of the vehicle, the purpose of the search is also to check for any hazardous items that may pose a danger to the police or members of the public.

When the police find the drugs, your friend will be charged with possession.


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