DUI Stop: Do I Need to Get Out of My Car?

It is important to know your rights if the cops pull you over on a DUI stop in Orangeburg, SC. In a layman’s language, you do not have to accept the requests and demands of the police officer, but you should come out of the vehicle when the cops order you.

Most of the people interact with police officers at a traffic stop. There can be different reasons police ask people to come out of their car at traffic stops; however, 9.9 times out of ten, they are looking for evidence of a criminal violation of the traffic rules. According to stats, 1,037 people have died in 2022 due to car crashes.

Do Police Violate Your Rights?

You should understand that a police officer is not violating your rights by ordering you to get out of your car, so you should follow the order; otherwise, you can be arrested for disobeying the law even if you have not broken any traffic rules in the first place.

For example, if the officer suspects you are driving under the influence and asks you to step outside the vehicle, and you refuse, you will be charged for arguing with the police officer.

Another scenario would be if the officer asks you to leave the car, but you don’t feel about your surroundings, and the officer has not said you are arrested, you do not necessarily need to step out. You can tell the officer why you do not want to leave the vehicle.

What Does the Law Say About DUI Stops in Orangeburg, SC?

A South Carolinian police officer has the power to order you to get out of the car during a DUI stop in Orangeburg, SC. An Orangeburg police officer cannot ask you to leave your car without any reasonable suspicion, such as zig-zagging across the road, crossing traffic lanes, or Weaving.

After they have noticed you are driving under the influence, they have all the right to stop you and order you to step out of your vehicle. They won’t take any chance and let you go after stopping you for the initial traffic fraction.

According to the Supreme Court decision, a police officer has the right to ask the driver to get out of the car as they feel like after the Pennsylvania vs. Mimms, 434 US 106 case.

In 1977, Harry Mimms was asked to get out of his car by 2 police officers, and when he came out, officers saw something heavy in his pocket and found a .38 revolver. Mr. Harry got arrested and charged with hiding and carrying an illegal deadly weapon. Hence, the court declared that ordering a driver to get out of the car is a reasonable and slight invasion of his freedom.

A Police Officer Should Ask or Order?

A police officer may say something like, “if you don’t mind, can you please step out of the vehicle?” it is lawful for you to say, “No, thank you” because he has asked you. On the other hand, if he says, “I want you to come out of the car,” you must obey and come out without showing any resistance. Most of the time, police officers are polite and ask, then order to leave the vehicle.

Why Would Corps Order You to Leave Your Vehicle?

There could be different reasons a police officer may order you to leave the car. Most of them are for safety reasons, and others are for investigative purposes. Your body responds differently in different situations. For example, if he or she notices your shoulders tumbling as they walk towards you, they might think you are hiding something.

They would suspect you and want to know what you are hiding in your vehicle and to do that, they would order you to get out so that they can look for what you were hiding. Moreover, if they stop you for DUI, they will be looking for the signs of intoxication and might ask you for BAC.

Should You Get Out of the Vehicle?

Yes, it would be best to get out of the vehicle immediately. The officer will ask you to stand straight while asking you further questions or searching your vehicle if they feel the need or you have given your concern. If you are arrested for not obeying or feel your rights have been violated, you can contact a defense attorney for your DUI stop in Orangeburg, SC.