Constitutional Issues in Frederick County DUI Cases

Everyone who is arrested and charged with a crime has constitutional rights and protections. Many individuals do not fully understand these rights and liberties, which could lead to law enforcement or a manipulative prosecutor taking advantage of them. Thankfully, our attorneys are here to keep drivers informed and provide crucial guidance.

If you want to learn more about constitutional issues in Frederick County DUI cases, a knowledgeable DUI attorney could outline your rights and ensure you are treated fairly by the justice system.

What DUI Protections Does the Fourth Amendment Grant?

The Fourth Amendment is a crucial Right since it outlines many protections that apply to people accused of driving under the influence. Most importantly, this amendment establishes that drivers do not have to be subjected to unlawful searches and seizures. When a person is arrested under suspicion of DUI, the law considers their body to be “seized” in a similar way as a piece of property being taken. This means that a police officer would have no justification for apprehending a driver if they do not exhibit any signs of illegal or concerning behavior.

To fight against these unreasonable seizures and breaches of a driver’s rights, a tenacious attorney in Frederick County could identify the breath test as illegally obtained evidence against the accused. Courts frequently consider and respect this argument.

Unreasonable Searches in DUI Cases

The Constitution also gives people who are accused of a DUI a level of protection from something known as an unreasonable search. From a legal standpoint, a search without valid justification is considered unreasonable. The primary situations where law enforcement can examine someone’s property is when they have consent from the owner, a warrant signed by a judge, or by using the “plain view” concept, which refers to when evidence is clearly visible through a car’s window.

It is rare that a judge would sign a search warrant for DUI cases. Therefore, when an officer suspects that an individual was driving under the influence, they can only assess the car and the scene with the person’s permission or through a concept known as a “search incident to arrest.” At its most basic, this refers to the idea that law enforcement can perform a warrantless search of an accused driver’s car, in the interest of preserving evidence and maintaining the officer’s safety. If a law enforcement official performs this search, they might look for bottles, bags, caps, cups of liquid, the smell of an alcoholic beverage, or any other evidence of alcohol usage.

If a police officer ends up performing an unreasonable or unlawful search relating to a suspected DUI, a dedicated lawyer in Frederick County could hold the law enforcement agency accountable for breaching a driver’s constitutional rights.

Other Constitutional Considerations in DUI Cases

One additional constitutional issue could be whether or not law enforcement stopped a driver legally. This can be a problem because there are no random DUI pullovers or stops. Instead, law enforcement can only stop a driver for a suspected DUI if the motorist violates traffic laws or is navigating recklessly. They cannot pull someone over just because the individual is leaving a bar or wearing alcohol-related apparel.

Finally, it is important for all drivers to understand that there are certain aspects to a stop or arrest that the constitution does not protect. For instance, during a DUI stop, law enforcement is not required to read someone their Miranda rights. Police officers do not need to do this because, technically, a driver agrees to submit to the authorities when they first obtain their license.

A Frederick County attorney could further explain how DUI pullovers work and help resolve constitutional issues if law enforcement breached their limits.

Meet With an Attorney about Constitutional Issues in Frederick County DUI Cases

If you suspect you were pulled over illegally, arrested without justification, or searched unfairly, you deserve a hardworking legal representative to fight for your constitutional rights.

Do not let law enforcement deny you of your legal protections. Reach out to our firm today to speak with a team member and learn more about constitutional issues in Frederick County DUI Cases.