Drunk Driving & Fourth Amendment Issues
How does the Fourth Amendment affect my drunk driving case?
Under the Fourth Amendment to the U.S. Constitution and under state constitutional provisions, a person has the right to be secured in their persons, papers and effects. When police or law enforcement has administered a compulsory blood test, especially without a warrant, then there may be Fourth Amendment issues present such as those involving searches and seizures.
If you or a family member have been recently arrested or charged with driving while intoxicated and were forced to provide a blood sample without your consent, contact a drunk driving defense attorney today to discuss your case.
Why Should I Hire a Drunk Driving Defense Attorney?
Although state have enacted implied consent laws that permit the use of force to take a blood sample for measuring the blood alcohol concentration (BAC) level of a suspected drunk driver under some circumstances, there are guidelines and standards in which law enforcement officers must follow.
Generally, law enforcement is permitted to compel a suspect to submit to a blood test, without a warrant under the following conditions:
- Probable cause existed to believe that the suspect is driving under the influence of alcohol or drugs
- Exigent circumstances
- Blood is drawn from medical purposes by a medical professional
As always, it is best to consult with a Drunk Driving Defense attorney who specializes in drunk driving law in your local jurisdiction. Most drunk driving laws are very technical and usually require the assistance of an attorney who often practices in this area of law.
Can a drunk driving conviction cost me my professional license?
Most local, state and federal licensing authorities have penalties in place for license holders who are arrested, charged, and/or convicted of a drunk driving related offense. Teachers, doctors, lawyers, and other professional license holders who face drunk driving charges may have their licenses suspended or revoked or face disciplinary hearings and other punishments. If you hold a professional license and have been arrested, charged, or convicted on drunk driving charges, you should immediately consult with a qualified drunk driving attorney who is experienced in dealing with the professional license aspects of the drunk driving charges.
How much does it cost to hire a drunk driving attorney?
The cost of a drunk driving attorney varies depending on the state, the severity of the particular drunk driving offense and the time spent by a drunk driving attorney in defending a charged driver. Many drunk driving attorney’s charge a flat rate, while others may charge by the hour. It’s not uncommon for a good attorney to charge hundreds per hour.
Can a drunk driving attorney get my drunk driving charges dismissed?
Although no guarantee can ever be made, a drunk driving attorney can be very helpful in getting your drunk driving charges dismissed. If the attorney cannot get the charges dismissed, he or she may be able to reduce the charges to a less severe crime. There are many attorneys who specialize in drunk driving cases and are both knowledgeable and experienced with drunk driving and related cases.
How can hiring a Drunk Driving Defense Attorney help my case?
Criminal defense attorneys who specialize in drunk driving cases are typically better prepared to represent those who are facing a drunk driving conviction. This is because these attorneys have the knowledge and the skills required to successfully represent their clients, especially in cases involving warrantless blood test compulsions.
In the United States, our freedom of liberty and the integrity of our person is highly valued and when government unreasonably invades these rights, attorneys are here to challenge those convictions which are against the constitutional rights given to American citizens. Many attorneys have a deep understanding of the constitutional aspects of police forced blood test and are here to fight hard on your behalf.
A skilled drunk driving attorney will be able to assess your case and provide you with insight as to how the court will proceed with your case, and whether you have a possible defense. Your attorney may be familiar with the judge and prosecutor assigned to your case, and may know how they have handled similar cases in the past. Your attorney will also accompany to you to court or make appearances on your behalf when appropriate, and can file motions in a timely manner.
The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.
Additional Drunk Driving Articles
- Drunk Driving Defense
- The Crime of Drunk Driving
- Defending a Drunk Driver Hit and Run Charge
- Possible Penalties for Drunk Driving
- The Constitutionality of Sobriety Checkpoints
- What is an Aggravated DUI?
- Overview of Drunk Driving Offenses in the United States
- Breath/Blood Testing in Drunken Driving Cases
- DUI/DWI: The Crime of Drunk Driving
- Drunk Driving Defense Laws in Vermont
- Drunk Driving Defense Law in Rhode Island
- DUI Checkpoints
- DUI Traffic Stop: FAQ
- Should I take police breathalyzer/blood test?
- Reasonable Suspicion for a DUI Stop
- DUI Field Sobriety Tests
- DUI Basics
- Implied Consent Laws
- Breathalyzer Test FAQ
- Can I Refuse a Breathalyzer?
- Questioning Breathalyzer Calibration
- What are "acts of God" and are they covered by my homeowner's insurance policy?
- What happens when someone is arrested for drunk driving?
State Drunk Driving Articles
- District of Columbia
- New Hampshire
- New Jersey
- New Mexico
- New York