What are the constitutional issues in a DUI/criminal case?

Every American has constitutional rights meant to protect their freedom. Sometimes arresting law enforcement officers violate these rights during a DUI arrest. In such cases, the evidence that is gathered by law enforcement will be invalidated and you need to hop on this site - https://usattorneys.com/ - to clear your name (at least knock the charges down if you cannot completely clear your name).

Get to It

If you feel like your constitutional rights were ignored during a DUI arrest then the best course of action for you to take would be to consult and appoint a criminal defense lawyer without any more time taken off the clock and get started on building a solid, fool-proof defense that centers on the fact that your constitutional rights were violated.

These constitutional rights are provisioned courtesy of the Fourth Amendment, and as per these rights, nobody can search and seize your property without either your prior due permission or without a legitimate search warrant issued by a judge.

According to criminal defense attorneys, the term property is often misconceived as only being someone’s house or car. However, it must be reiterated that your body is your property too and when arresting officers search your body or request a blood, breath, or urine test to check your sobriety levels then they are basically searching your property and you have a constitutional right to refuse this search or these tests.

If you need DUI legal help then you should press right here. Your name is in the system. You will receive notification in the mail if the officer does not explain everything to you on the spot and your court date. No one is going to forget this happened even if it was just you and officer and no one around for 10 miles. You need a DUI lawyer and that site has some of the best legal representatives around on paper and in reality.

The Implied Consent Law

Having said that, there are some states that employ what is known as the implied consent law. As the name suggests, the implied consent law basically insinuates that you have already provided your permission for searches/sobriety tests at the time when you were issued your state’s driver’s license. Anyone being issued a driver’s license will need to sign a piece of paper that (among other things) provides permission for law enforcement officers to subject you to toxicology reports if and when they pull you over on suspicion of drunk driving. Your DUI lawyer will know all about this.

Many criminal defense lawyers agree that the best course of action when pulled over under the suspicion of drunken driving really depends on which state you live in. If your state has adopted the implied consent law in effect then you may be better off just giving into the sobriety tests as a refusal to take up these tests will result in an automatic suspension of your driver’s license.

However, if you are in a state that does not enforce the implied consent law, then it would be wise to politely decline any requests for any type of sobriety test, breathalyzer, blood, or urine tests. The results of such tests are concrete evidence of impaired driving and can prove to be extremely difficult to overcome in a courtroom. Therefore, it is wise not to hand this evidence to law enforcement officers on a silver platter.

The Right to Remain Silent

Criminal defense lawyers also confirm that you have a right to remain silent, and this right is courtesy of the Miranda rule. According to the Miranda rule, any statement you make or anything you do during your arrest can and will be used against you in a court of law. This right allows you to have any questions and interrogative statements directed to your lawyer.