Under existing federal and state law, police can conduct a warrantless search of a vehicle under specific circumstances and still comply with the provisions of the 4^th amendment against unreasonable searches and seizures.

This exception is known as a search incident to arrest established in Arizona v. Gant, 556. U.S. 332 (2009). Gant outlines two criteria that would authorize a warrantless search. First, when an arrestee is within reaching distance of the passenger compartment at the time of the search, a search of the immediate area does not violate the provisions of the 4^th amendment. Secondly, the law permits a warrantless search when it is reasonable to believe that evidence that is relevant to the crime may be found in the vehicle. The search incident to arrest has been codified under Georgia law O.C.G.A. 17-5-1. The statute confirms that police are authorized to search for and seize items that are or have been used in the commission of a crime.

Specifically applying these cases and statutes to a DUI arrest providing specific instruction. Georgia courts in State v. Elliot, 205 Ga. App. 345 (1992) and Morris v. State, 374 Ga. App. 297 (2025) confirm that in DUI arrest a search is proper to obtain evidence of a suspect’s intoxication. This includes a search for the contents of containers within the vehicle.