Constitutional Rights in a DUI


Fourth Amendment Issues in DUI Cases

An experienced Salt Lake City DUI attorney explains constitutional rights and DUIs

In the United States, all citizens are protected by the Bill of Rights, or the first 10 amendments to the U.S. Constitution. The fourth of these amendments protects all Americans from unreasonable search and seizure by the authorities. This means that unless the police have a reasonable suspicion that you have committed a crime, they may not detain you, search you, or seize your property. If they do, the case against you is likely illegal.

What to do if your arrest violates the Fourth Amendment

Questions of Fourth Amendment legality often comes up in arrests for driving under the influence (DUI) or driving while intoxicated (DWI). If you or a loved one faces such charges and suspect the police may have violated your Fourth Amendment rights during your arrest, contact an experienced DUI attorney at the Law Offices of Carl N. Anderson, III, PLLC immediately.

The police are not infallible

Fourth Amendment violations occur in DUI and DWI cases with alarming frequency. But most defendants presume that the police always follow proper procedure and protocols simply because they enforce the law. But police are human beings and make honest mistakes all the time. Just because a police officer has arrested you on charges of DUI or DWI does not mean that the arrest is legal or valid.

Questions to ask about your DUI arrest

If you suspect your DUI or DWI arrest violates your constitutional rights, ask an experienced DUI defense attorney the following questions:

  • Did the police have a valid reason to pull you over in the first place? Police sometimes fabricate reasons or overstep their bounds when stopping drivers. When they do so, they violate the rights of those drivers.
  • Were the police within their bounds to investigate me? Police are usually limited to investigate you for the reason for which they initially stopped you. For example, it might be illegal for the police to immediately force you to take a field sobriety test during a stop for an expired registration.

A reputable DUI attorney fighting for your constitutional rights

Fourth Amendment violations occur every day across the United States. Carl N. Anderson, III has the years of experience necessary to fight for you if the authorities violate your rights. Contact the Law Offices of Carl N. Anderson, III, PLLC today, either online or at 801-285-0303, to arrange a free consultation. He is licensed to practice law in Utah, Nebraska or Colorado.

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Carl N. Anderson, III can help residents of Utah, Colorado and Nebraska. Credit Cards OK ∙ Free Initial Consultations ∙ Aquí Se Habla Español. Contact him online or at 801-285-0303 to arrange a free consultation today.

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