What the Fourth Amendment Means in a DUI Case – Discussed by a San Diego DUI Defense Lawyer
If you have been pulled over or arrested for DUI you may understand the fear and stress that accompany this type of stop by law enforcement. A multitude of questions can race through your head regarding your rights, representation, what to do or who to call. One of the main questions that enter peoples’ minds and confuse them in difficult situations is whether or not they must submit to a blood test in California.
The Constitution affords individuals certain rights that must be upheld by law enforcement and throughout the stages of the legal system. More specifically, the Fourth Amendment protects one’s ability to be free from unreasonable searches and seizures. The Fourth Amendment provides that in order to be stopped, searched or have property seized law enforcement must abide by particular laws and rules, including the ability to conduct sobriety field tests, breathalyzer or blood tests. The Fourth Amendment also applies to when a search warrant must be obtained obtained and requires that law enforcement secure probable cause before requesting a search warrant.
Exceptions to Unreasonable Searches
There are a few caveats and exceptions that arise when a warrant is not necessary and the police are able to search an individual or a car. A search conducted without one of the exceptions would be considered unreasonable according to the Supreme Court. One example as it pertains to DUI cases, is the ability for law enforcement to obtain a blood sample from a suspect who has been pulled over for a DUI, despite his or her objections. The court felt may feel there are “exigent circumstances” present in cases of DUI which allow such an invasive action of drawing blood to take place. These exigent circumstances are based on fear that the blood alcohol content of a suspect diminishes naturally.
Changes in Case Law for DUI
A more recent case, Missouri v. McNeely, strikes down the proposition that DUI investigations necessarily meet the "exigent circumstances" exception relied on in earlier cases. A Missouri man was pulled over for DUI and refused to take a breathalyzer and was therefore transported to a nearby hospital so a blood sample could be procured, despite his objections. When deciding this case in McNeely’s favor, the Court held that his Fourth Amendment rights were violated due to the “lack of injuries requiring hospital care, or any other circumstances that would cause unreasonable delay in properly acquiring a warrant before drawing McNeely's blood.” This case precedent does not mean that all blood samples are warrantless, however it does provide more ability for an attorney to aggressively fight for and defend your legal rights.
Contact an Experienced San Diego DUI Defense Lawyer to Protect Your Rights
Being charged with a DUI can be a stressful time and you may be unaware of your rights and how to best protect your freedom. San Diego DUI Defense Lawyer Ashby Sorensen has years of experience and is familiar with the legal system as it pertains to DUI cases and will dedicate his time to securing the best possible outcome for you. Call (858) 999-6921 now for your free consultation with a qualified DUI Defense Lawyer who is dedicated to protecting your rights.
The Constitution affords individuals certain rights that must be upheld by law enforcement and throughout the stages of the legal system. More specifically, the Fourth Amendment protects one’s ability to be free from unreasonable searches and seizures. The Fourth Amendment provides that in order to be stopped, searched or have property seized law enforcement must abide by particular laws and rules, including the ability to conduct sobriety field tests, breathalyzer or blood tests. The Fourth Amendment also applies to when a search warrant must be obtained obtained and requires that law enforcement secure probable cause before requesting a search warrant.
Exceptions to Unreasonable Searches
There are a few caveats and exceptions that arise when a warrant is not necessary and the police are able to search an individual or a car. A search conducted without one of the exceptions would be considered unreasonable according to the Supreme Court. One example as it pertains to DUI cases, is the ability for law enforcement to obtain a blood sample from a suspect who has been pulled over for a DUI, despite his or her objections. The court felt may feel there are “exigent circumstances” present in cases of DUI which allow such an invasive action of drawing blood to take place. These exigent circumstances are based on fear that the blood alcohol content of a suspect diminishes naturally.
Changes in Case Law for DUI
A more recent case, Missouri v. McNeely, strikes down the proposition that DUI investigations necessarily meet the "exigent circumstances" exception relied on in earlier cases. A Missouri man was pulled over for DUI and refused to take a breathalyzer and was therefore transported to a nearby hospital so a blood sample could be procured, despite his objections. When deciding this case in McNeely’s favor, the Court held that his Fourth Amendment rights were violated due to the “lack of injuries requiring hospital care, or any other circumstances that would cause unreasonable delay in properly acquiring a warrant before drawing McNeely's blood.” This case precedent does not mean that all blood samples are warrantless, however it does provide more ability for an attorney to aggressively fight for and defend your legal rights.
Contact an Experienced San Diego DUI Defense Lawyer to Protect Your Rights
Being charged with a DUI can be a stressful time and you may be unaware of your rights and how to best protect your freedom. San Diego DUI Defense Lawyer Ashby Sorensen has years of experience and is familiar with the legal system as it pertains to DUI cases and will dedicate his time to securing the best possible outcome for you. Call (858) 999-6921 now for your free consultation with a qualified DUI Defense Lawyer who is dedicated to protecting your rights.
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