Pertaining to a pending dui case and new dui conviction

My friend is going through the process of his second dui. He is not convicted yet. He was sighted again this past Sunday for a possible dui and possession of a controlled substance. What happened was he was drunk at a friends house, his phone died so he went to charge it in his truck. This was a private driveway. The cop approached told him to get out of his vehicle (private property) proceeded to search him without consent. Mind you this is the same arresting officer from the second dui...