Full Criminal Immunity DUI: what is allowed?

• A. He/she cannot be arrested but the car can be moved to a safe location but NOT searched and/or impounded
• B. He/she can be arrested and the car searched
• C. The car can be seized and towed to a public impound lot
• D. The driver can be charged with DUI and released

Answer: (A)

When someone has full criminal immunity in a DUI situation, they cannot be arrested or charged for the DUI offense. The officer’s priorities shift from pursuing a crime scene to maintaining safety. In this context, moving the vehicle to a safe location helps prevent a hazard on the roadway without creating custody or criminal actions against the driver. Because there’s no arrest or ongoing DUI prosecution to justify a search or an impound, the car isn’t searched or seized solely due to the immunity. Searches require a separate legal basis (like probable cause or consent), and impounding typically follows different enforcement actions or custody needs. So the appropriate action is to relocate the vehicle for safety while not conducting a search or impounding the car under the immunity situation.