The month of December is oftentimes filled with Holiday parties. As most people are aware of, police presence in South Carolina on roadways and DUI checkpoints usually go hand-in-hand with the increased frequency of Holiday parties. What some people may not know, however, is that police must follow certain parameters when operating a check point. Federal law, for example, requires police to publicize the date and locations of DUI checkpoints in advance. If police fail to follow the required procedures and guidelines, then your DUI case may be eligible to be dismissed.
During traffic stops, the general rule is that police need a warrant to search your property and you have a right to tell them no if they ask to search your vehicle. In other words, if an officer asks you "Do you mind if I search your vehicle?", you can clearly let the officer know that you are not consenting to a search of your vehicle.