If someone else’s drugs were found in my car after I was arrested for DUI, can I be charged for possession?

What’s known as an “inventory search” is what is done to your car after they arrest you, to ensure (supposedly) that nothing is stolen from your car while in storage. This assumes that they had some cause to arrest you before the inventory search. Assuming that they had probable cause to arrest you for driving under the influence, then they could hardly let you drive your car to the police impound lot. But if you had a sober, licensed passenger who could have and was willing to drive your car home, then they should not have seized the car for police storage and therefore no inventory search was needed. Under that circumstance, the results of the search might possibly be excluded from being used against you, which could mean the charges would be dismissed.

There are several other possibilities unstated in your question, and one for example is that during their DWI investigation, they smelled marijuana in your car, or saw white powder on your moustache and in the car’s ashtray. That would create probable cause to search the car even if it didn’t need to be towed or impounded or inventory searched.

The other issue your question raises is whether the drugs can be proved to be yours. That other individuals also operate the car gives credence to your defense, but beware of this, as your testimony that you didn’t know who put the drugs there narrows down the list of who did, and could open up an investigation of who DID put the drugs there.

You need to tell a lawyer the whole story though. There are many other factors not covered by your question. If you had not consumed any alcohol, but had glassy eyes and were driving erratically, this might have supported the knowing possession of the drugs (depending on what drugs they were). A blood test that showed drugs in your bloodstream would help the prosecution considerably. If you took a breath test, you won’t have that problem.

Case Studies: Liability for Drug Substances in Car After DUI Arrest

Case Study 1: The Unwitting Driver

Mr. Smith was pulled over for suspected DUI. During the arrest, the police conducted an inventory search of his vehicle and discovered drugs in the glove compartment. However, Mr. Smith maintained that the drugs were not his and that he was unaware of their presence. He explained that several people had access to his car, including friends and family members.

His lawyer argued that there was no direct evidence linking Mr. Smith to the drugs. The court agreed, and the charges of drug possession were dismissed due to lack of proof of knowing possession.

Case Study 2: Probable Cause for Search

Ms. Johnson was arrested for DUI after exhibiting signs of impairment while driving. During the investigation, the police officer noticed a strong smell of marijuana coming from her car. A subsequent search revealed drugs hidden in the trunk. Ms. Johnson claimed that the drugs did not belong to her and that she was not aware of their presence.

However, the court found that the strong smell of marijuana and the discovery of drugs gave the police probable cause to search the vehicle. Ms. Johnson was charged with drug possession, and her defense attorney had to explore other strategies to challenge the evidence.

Case Study 3: The Bewildering Circumstances

Mr. Davis was stopped for suspected DUI and subsequently arrested. After impounding his car, the police conducted an inventory search and found drugs in the center console. Mr. Davis insisted that he had not consumed any alcohol or illegal substances and that he did not know how the drugs ended up in his car. His attorney raised questions about the handling of evidence and the possibility of tampering.

The court acknowledged that the circumstances were perplexing but found that the presence of drugs in Mr. Davis’ vehicle constituted probable cause for possession charges. The case proceeded to trial, where the defense had to present additional evidence to support their client’s lack of knowledge or control over the drugs.

Case Study 4: Supporting Evidence

Ms. Thompson was arrested for DUI after exhibiting signs of impairment. A blood test revealed the presence of drugs in her system. During the arrest, the police conducted an inventory search of her car and discovered drugs in the glove compartment. Ms. Thompson’s attorney faced the challenge of refuting both the DUI and possession charges.

The defense focused on challenging the validity of the blood test results and the necessity of the inventory search. However, the court admitted the evidence, considering the positive blood test as supporting evidence for the possession charge. Ms. Thompson’s defense strategy required addressing both aspects of the case to achieve a favorable outcome.