Legal Question in Criminal Law in Colorado

Re: Duid

If this is alcohol, then probably not. But if DUI-D, as you post in the subject, then possibly. The police have to have probable cause to believe that there is something in the car. It may not be permissible to "tear apart the car" as you say if the evidence that drugs are in the car is not strong. Generally, the police can search a car without a warrant because it is mobile. If they impound a car, they can inventory it. If they impound the car, then they should probably get a warrant.

You do not have to give consent and you should not give consent. That just eliminates all the arguments above.

The police need to have probable cause to believe you are in possession of drugs in order to search you. If they have PC that you were driving under the influence of drugs, then they have some evidence to support possession, but some courts may want more.

Re: Duid

They need a warrant, consent, or exigent cicumstances. Exigent means emergency. If you are arrested, they can do a "search incident to arrest. If they impound the car, they can do an "inventory search." If you give consent, all argument about reasonableness dies. Don't consent.