DUI charges are a serious matter that can have consequences that last for years or longer. Whether you are facing your first or fifth conviction, it is still important that you do everything in your power to beat your charges. One of your most vital assets in defending yourself may actually be the fourth amendment.
How can the fourth amendment help?
The amendments of the U.S. Constitution grant all Americans many rights that we use every day. The 4th amendment explicitly states that police officers cannot conduct a search and seizure without sufficient reason, legitimate warrant, or probable cause. What does this police restriction mean for someone who is facing DUI charges?
If the police perform an illegal traffic stop and determine that you are intoxicated during that traffic stop, it may invalidate any charges from that stop. Any sort of evidence that police gather from an illegal traffic stop, including breathalyzer tests, conducting a field sobriety test, and even a blood test, Become invalid because of the unlawful nature of the traffic stop. A judge is even likely to exclude evidence that a suspect did not willingly submit to.
If you were not violating traffic laws, driving erratically, or committing any other traffic violation when the police pulled you over, the traffic stop might have been illegal.
How this can help you
An experienced criminal defense attorney can review your traffic stop and determine whether or not you can argue that your stop was illegal. If the police did pull you over illegally, they might soon have to drop any DUI charges from that traffic stop.
A single mistake from the police may be enough to keep your record from getting a DUI conviction placed on it. If you face DUI charges, do everything in your power to defend yourself, and start by contacting an aggressive criminal defense attorney.