Constitutional issues may arise in DUI cases. There is always the risk that in addition to Fourth Amendment issues there could be Fifth Amendment issues regarding an accused’s right against self-incrimination. There could also be Sixth Amendment issues regarding an accused’s right to counsel. A hard-working attorney with experience handling constitutional issues in DUI cases could work diligently to ensure a person’s rights are protected throughout the case process.
The most common of the constitutional issues in Alexandria DUI cases is the Fourth Amendment, which includes possible search issues related to the blood test. They also include possible issues related to probable cause or reasonable suspicion for an officer to make the initial traffic stop of the accused or even the arrest of the accused of the DUI.
The protections granted by the Fourth Amendment when it comes to DUI cases are protections from unreasonable searches and seizures. As defined by law, seizure means a temporary detention by law enforcement of an individual and search means any invasion into the person’s personal space, including any search of their person or property.
An unreasonable search is determined on the facts of specific search and laws that apply to those facts. Whether the search is reasonable or unreasonable, it is a highly litigated issue in the courts and may only be determined on a case-specific basis.
In DUI cases, that means that a driver may not be detained by a law enforcement officer unless the law enforcement officer has a reasonable, articulable suspension of wrongdoing by the driver. Also, they may not be arrested for any crime unless the driver has probable cause or the driver has committed that crime. Their blood may also not be taken without specific requirements and usually, that requires a search warrant.
Under the law, a warrantless search is presumed to be an unreasonable search. However, there are many exceptions to the warrant requirement that allow law enforcement officers to search even when they do not have the search warrant. A normal course of operations requires that law enforcement seek a search warrant before searching an individual or their property.
For searches to be constitutional, officers need to show probable cause that a specific individual committed a specific crime.
At any given trial for a DUI charge, the interpretation of the Constitution would be up to the judge trying the case. The judge would determine the outcome of any constitutional issue that arises in that case. That determination would be made by review of the case law that is applicable to the specific case and by interpretation of case law related to the constitutional issues have been made by the appellate courts of Virginia, including the Supreme Court of Virginia and the Supreme Court of the United States.
Constitutional issues in Alexandria DUI cases are important because they raise the possibility of a defense and the possibility that certain evidence would be suppressed and not allowed to be presented by the prosecution against the accused during trial.
Alexandria treats these constitutional issues seriously because people’s constitutional rights are among the most serious issues in the law. They also carry serious consequences as it relates to the outcome of trials. These issues would be seriously litigated and seriously considered by the trial judge. A capable DUI lawyer could protect an individual’s constitutional rights while leveraging any constitutional issues to bolster the person’s case.