DUII STOPS & SEARCHES

The Fourth Amendment to the United States Constitution provides:

“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.”

The Fourth Amendment provides the backdrop for all unlawful searches and seizures and applies with equal force to DUII defendants.

In order to convict a DUII defendant of driving under the influence of intoxicants, the defendant’s blood alcohol level (BAC), must be over the legal limit of .08, or the prosecution must prove beyond a reasonable doubt that the DUII defendant was impaired or intoxicated.  Evidence obtained during stops and searches may be used to support an arrest and subsequent conviction for driving under the influence.  If a stop or search violated a DUII defendant’s constitutional rights or state law, the evidence may be suppressed and the case may even be dismissed.  If you have been charged with DUII, contact the Law Offices of Paul F. Sherman, an experienced DUII attorney to make sure your rights are protected.

DUII STOPS.

Traffic stops and traffic accidents are usually the starting point for the state to gather evidence in support of a DUII charge.  During the stop, the police officer may observe the driver’s behavior, question the DUII defendant, and conduct field sobriety tests.

Traffic Stops.  The basis for the initial contact with a DUII defendant is generally an allegation of a poor driving.  The police officer may use their observations to justify the stop.  The police officer may claim that he or she had probable cause to believe the defendant had committed a traffic infraction.  Alternatively, the officer may claim the defendant’s driving gave her a reasonable suspicion that the defendant was committing the crime of driving under the influence of intoxicants.  Specific evidence used to justify a traffic stop includes speeding, weaving, erratic driving, broken taillights, swerving, poor stopping or parking, malfunctioning headlights and outstanding warrants.  If you wish to learn about unlawful traffic stops, contact the Law Office of Paul F. Sherman for a free DUII stop consultation. 

Traffic Accidents.  Many DUII suspects find their first contact with a police officer occurs as a result of a traffic accident in which the officer is dispatched to the scene of the accident.  The level of involvement will then depend on the nature and severity of the accident.  A serious accident may result in blood tests taken from the DUII offender in the hospital.  Generally, seizure of a person’s blood requires a warrant issued on probable cause. 

CONTACT PAUL F. SHERMAN TO PROTECT YOUR LEGAL RIGHTS

If you have been involved in a traffic stop or traffic accident which resulted in a charge of DUII, contact the law offices of Paul F. Sherman, an experienced DUII attorney to make sure your rights are protected.  We offer a free DUII Stops and Searches consultation.