Columbia DUI Stop Process

During the process of a Columbia DUI stop, you may be asked to do several things. An officer could ask you to step out of your vehicle if are suspected of driving under the influence. Afterward, you may be asked to participate in various tests aimed to determine your level of potential intoxication.

Consult with a knowledgeable DUI attorney to learn more about this process and what to expect during a stop.

General Step-by-Step Process for a DUI Stop

The officer will put on their blue lights, pull a car over, and conduct the traffic stop. The officer will approach the vehicle and ask questions in an effort to investigate the DUI. At that point, the officer will ask a person to step out of the vehicle while continuing to ask questions to try to incriminate the person. Then the officer will advise the person that they would like the driver to perform field sobriety tests. The driver will either consent or refuse to do the field sobriety tests. Most of the time, people perform the field sobriety tests unless they are physically unable.

They have a right to refuse the field sobriety tests, but most people take them. The person does the field sobriety tests at the direction of the officer. The officer makes a determination whether the person is under arrest and whether there is probable cause to arrest the person that they were driving under the influence. If that is the case, the person is instructed that they are being placed under arrest and informed of the charge. That must be video recorded.

The person is then read their Miranda warnings by the officer. That also, by law with the mandatory video recording statute, must be videotaped by the dash cam of the patrol car. At that point, the person is taken to the local detention center. If someone is in Richland County, Columbia, the person is taken to the Alvin S. Glenn Detention Center. If they are in Lexington County, they are taken to the Lexington County Detention Center on Gibson Road. If they are arrested by the City of Columbia, they go to Alvin S. Glenn Detention Center on Bluff Road.

At that point, the officer will take the person to the DataMaster room and offer them a breath test. They will read the person the implied consent rights. After a 20-minute wait period and the other warnings that the officer provided, the person can decide whether to take the test or not. At that point, the officer makes his decision whether he has probable cause for the continued arrest of the person. If they are found under arrest, they are booked and required to have a bond hearing within 24 hours. This sequence of events is fairly common in a Columbia DUI stop process.

Searching a Vehicle

Officers may ask for consent to search during the Columbia DUI stop process. A person has an absolute right to refuse to consent to search. The officer must have probable cause to search. If the person has any hesitation, they have the constitutional right to refuse the officer’s request to search the vehicle.

Consenting to a Search

A person does not need to consent, but they have the right to refuse that request. In many cases, they should exercise their constitutional right regarding a search of their vehicle during the Columbia DUI stop process. They have, under the Fourth Amendment, a right against unreasonable searches and seizure. If the officer is asking for consent, it means the officer does not have probable cause to search. They are asking for that person to waive their constitutional rights, and they should not.