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Williams & Associates | A Criminal Defense Law Firm
  • Home
  • About
    • Firm Overview
    • Williams and Associates – Protecting Your Rights
    • The Importance Of Selecting The Right Attorney
    • How We Use Technology In Your Defense
  • Attorneys
    • Jesse L. Williams
    • James W. Amberg
    • Nader W. Nassif
    • David Rudoi
  • Practice Areas
    • Criminal Defense
    • Sex Crimes
    • Violent Crimes
    • Drug Offenses
    • OWI Charges
  • FAQs
    • Criminal Defense FAQ
    • Sex Offenses FAQ
    • Drug Crime FAQ
    • Drunk Driving FAQ
  • Testimonials
  • Case Results
  • Blog
  • Contact Us
231-735-8575

Premier Criminal Defense For Clients Across Northern Michigan Since 2004

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  5. Can Michigan police search my car during an OWI stop?

Can Michigan police search my car during an OWI stop?

On Behalf of Williams & Associates | Apr 10, 2025 | OWI (Drunk Driving)

You may have wondered what happens when pulled over for a suspected OWI (Operating While Intoxicated) offense. One of the most pressing concerns is whether the police can search your car without your consent. We will explore the circumstances under which Michigan police can search your vehicle during an OWI stop.

Why police might want to search your car?

Michigan police officers may want to search your car during an OWI stop for several reasons. They may suspect that you have incriminating evidence related to the OWI offense, such as open bottles of beer or drug paraphernalia.

Additionally, they may believe that you pose a threat to their safety or that you may try to destroy evidence if they don’t act quickly. Sometimes, they may also look for other illegal items, such as weapons or stolen goods.

When can police search your car during an OWI stop?

During an OWI stop, police officers may want to check your car, even if you don’t consent. However, they need to have a valid reason to do so. According to Michigan law, police officers can search your vehicle if they arrest you or there is probable cause, such as the smell of marijuana or other suspicious circumstances.

They can also search your car if they see something in plain sight, like an open container of alcohol or drug-related items. For example, if an officer stops you for suspected OWI and notices a glass pipe with drug residue in the backseat, they can seize the pipe and search your car for other drug-related items. This is known as the plain view doctrine.

What are your rights?

As a driver, you have the right to say no to the search of your vehicle.If you’re arrested, police officers can search your vehicle without your consent. It’s essential to remember that you have the right to challenge an illegal search later in court.

If you’re stopped for an OWI offense and your car is searched, it’s crucial to seek legal help as soon as possible. An OWI attorney can help you determine whether the search was legal. They can also help you build a strong defense against any charges arising from the search.

While Michigan police officers have the authority to search your car during an OWI stop under certain circumstances, it’s essential to understand your rights and seek legal help.

 

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