Drunk Driving and Fourth Amendment Issues

The Fourth Amendment to the U.S. Constitution guarantees people the right to be free from unreasonable searches and seizures. Part of that right includes procedures that police officers must follow when they search someone’s car, house, or belongings.

When violating those procedures, they may violate the individual’s 4th Amendment rights. Therefore, they may be prohibited from using any evidence they find resulting or netted from that violation. These same principles apply during a traffic stop when the driver is suspected of operating under the influence of alcohol or drugs.

If you are facing criminal charges from allegedly DUI, contact a local and experienced DUI defense attorney.

Fourth Amendment Protections

The Fourth Amendment to the U.S. Constitution protects:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.”

Generally, the police need a warrant to search an individual, their property, motor vehicle, or home. However, even constitutional rights have exceptions, and there are several exceptions to the warrant requirement. Some of the warrant exceptions include:

• Consent exception
• Plain view exception
• Automobile exception
• Hot pursuit exception
• Searches incident to a lawful arrest

Let’s discuss these exceptions in detail to see if any apply to your situation.

Consent

If a driver gives a police officer permission to search their vehicle, the police officer does not need a warrant. This is one of the most common ways law enforcement agencies avoid needing a warrant.

Drivers may worry that refusing consent will make them look guilty, though the consent must be voluntarily given and not coerced. Law enforcement officials may try to make it seem like the driver does not have much of a choice. If the police searched your vehicle without your voluntary consent, talk to your defense lawyer about your rights.

Plain View

Under the plain view exception, the police may not need a warrant if they can see evidence of a crime in plain view, where the police are legally present. In a drunk driving arrest, plain view may involve an open alcohol container in the vehicle or a glass pipe in the ashtray.

Motor vehicles are surrounded by glass windows, which makes it simple for police to examine the interior of the vehicle for evidence of contraband.

Automobile Exceptions

The Supreme Court has ruled that 4th Amendment protections are based partly on a reasonable expectation of privacy. The Supreme Court has found that drivers have a lesser expectation of privacy in a motor vehicle because it primarily serves as transportation and travels on public roads.

The automobile exception allows for temporary traffic stops based on reasonable suspicion of a traffic violation or criminal activity. The police may also have the right to pat down drivers or passengers if they reasonably believe the individual may be armed and dangerous.

If the vehicle is impounded, the police can generally inventory its contents without a search warrant if they follow standardized procedures.

Search and Seizure During a Traffic Stop

The police must have a reason for making a traffic stop. However, even a minor vehicle violation may be enough to pull the driver over to the side of the road. For DUI arrests, the officer may stop the vehicle if the driver is driving dangerously, speeding, does not have headlights on at night, has expired registration, or just about any other articulable reason.

There is no specific period of time for a traffic stop as long as it is reasonable. Generally, traffic stops do not last more than 15 to 20 minutes. If the police do not let the driver leave after issuing a ticket or finishing the traffic stop, the driver may be unlawfully detained. The police may use the threat of waiting until a search dog arrives to get the driver to consent to a vehicle search.

Talk to a criminal defense lawyer if your rights were violated during a traffic stop.

Sobriety Checkpoints

DUI checkpoints allow the police to conduct a brief safety check without reasonable suspicion of criminal activity. The Supreme Court has ruled that sobriety checkpoints are valid if they follow specific guidelines. However, sobriety checkpoints are illegal in some states, whether by law or court ruling.

DUI checkpoints are considered administrative inspections, and police can check a driver’s license, seatbelt use, proof of insurance, and valid registration. However, if police suspect the driver may be impaired, they can pull the vehicle out of the checkpoint line and investigate further.

Warrantless Blood Draw

In DUI or DWI cases, evidence of the driver’s blood alcohol content (BAC) is used to show that the driver was over the legal limit or had drugs in their system. 

Implied consent laws allow the police to require a breath test, breathalyzer test, or chemical blood sample to test the driver’s blood alcohol level. Drivers have given their implied consent to submit a chemical test after a drunk driving arrest. Refusing blood alcohol tests at the police station can result in penalties, including a driver’s license suspension for up to a year for a first offense.

If the police take a blood test without the drunk driver’s consent, it may violate the driver’s Fourth Amendment rights. To take a blood sample against the driver’s will generally require a warrant. However, exigent circumstances may allow for a warrantless blood draw without a warrant, such as when the driver is unconscious.

Defense Strategies After Illegal Searches

If the police violate your search and seizure rights in a DUI arrest, your criminal defense attorney may be able to exclude evidence of the crime. Any evidence gathered during an unlawful search may be considered the “fruit of the poisonous tree.” Your lawyer can file a motion to suppress evidence of impairment, which could include evidence of alcohol or drugs in the car or chemical test results.

Many motorists accept that law enforcement officers sometimes violate the rights of individuals during traffic stops. Just because it happens does not mean you have to accept it. Talk to a capable, experienced DUI lawyer as soon as you are able. They can guide you on the next steps after a law enforcement officer violated your Fourth Amendment rights during a DUI arrest.