DUI and Illegal Police Searches

If you have been arrested for DUI as a result of a DUI checkpoint stop, you may be able to attack the resulting DUI charges based on your Fourth Amendment rights against illegal searches and seizures.  Under the Fourth Amendment, any evidence seized as a result of an illegal search may not be used against you.  The reasoning behind this is that police should not be able to benefit from violating your Constitutional rights.

The burden is on the prosecutor to prove that the stop was based on specific, clearly articulated facts leading to a reasonable suspicion that you were DUI.  The police may only detain you if he or she has specific and explainable facts causing them to suspect that a crime is taking place and that you are responsible for that crime.

Possible Ways to Attack an Illegal Search
(1) Swerving alone may not rise to the level required under the Fourth Amendment;
(2) Driving under the speed limit is not enough unless it blocks traffic;
(3) Failing to signal prior to a lane change is not illegal unless it cannot be done safely; and
(4) Peeling out is not enough to rise to the level required.
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