If law enforcement officers stop and arrest you at a DUI checkpoint in Los Angeles, it could be a difficult time for you, especially if it is your first arrest. Arrests are generally intimidating and could cause you to admit to everything the officers tell you without thinking about your constitutional rights. The Fourth Amendment of the U.S Constitution protects various rights of its citizens, particularly rights against illegal search and seizure. The police require your consent or warrant conducting DUI tests after a DUI arrest. If you suspect that they have violated your Fourth Amendment Rights, speak to a competent criminal lawyer specializing in DUI cases.
Our team at Jonathan Franklin DUI Attorney will study the facts of your case to determine your violated rights. If the police violated your rights, we could compel the court to dismiss evidence gathered through that violation or dismiss your charges altogether. That will help you obtain a fair outcome of your situation.
What the Fourth Amendment Implies
The U.S Constitution advocates for the protection of rights for all citizens, regardless of the situation in which you find yourself. DUI is a severe offense throughout the U.S, punishable by a lengthy jail or prison time and payment of hefty fines. You will likely lose your driving privilege permanently or temporarily. However, DUI arrestees have their rights protected by the constitution. Thus, the police or judge cannot overlook them regardless of the seriousness of the charges they face.
The Fourth Amendment to the U.S Constitution provides various rights of its citizens, particularly against illegal search and seizure. The amendment states that people have the right to feel secure in their persons, papers, effects, and houses against any unreasonable search and seizure. A citizen of the U.S can only be subject to search and seizure with probable cause or a warrant. A warrant should describe the place for investigation, the person, and things to seize. Without probable cause or a search warrant, the police could be guilty of illegal search and seizure. Consequently, evidence gathered through an unlawful search and seizure is inadmissible in court.
The Fourth Amendment is significant in California since it protects residents’ privacy and prevents the police and those in authority from searching their person or property without probable cause to believe they have committed an offense. For instance, California residents cannot be stopped and searched by the police without a reasonable cause. Residents report unreasonable search and seizure instances, and courts often rule them unconstitutional.
It helps to know how the fourth amendment protects your rights to prevent incidents in which your rights are violated by the same people whose mandate is to uphold the constitution. If you suspect an incidence of an illegal search and seizure, consult an experienced criminal attorney to determine if the police violated your rights. That will help you choose the next course of action to take and what to do in the future to protect your rights.
DUI Stops and Blood Tests
Drunk driving is widespread in California. California law provides stiff penalties for motorists found guilty of drunk driving. Even so, many cases of drunk driving are reported every week. Statistics show that drunk driving is the leading cause of vehicle accidents in California. It means that the state requires stiffer measures to reduce drunk driving and hopefully reduce vehicle accidents. It is a means through which everyone can feel safe on our roads.
The state is working on reducing drunk driving cases through random DUI checkpoints. Law enforcement officers plan and conduct them to stop and check motorists for drunk driving. The police can stop anyone at a DUI checkpoint. But if the officers at a DUI checkpoint have probable cause to believe that you are driving under the influence, the law allows them to stop you, even if you do not fall under the checkpoint criteria.
When the police stop a vehicle at a DUI checkpoint, they check motorists engaging in drunk driving. If they suspect you for drunk driving, an officer will ask you a few questions, request you to submit to DUI testing, and make an arrest. The exercise is mainly geared towards reducing the number of vehicle accidents and injuries in the state. DUI checkpoints allow the police to stop and arrest individuals that are a danger to others on the road.
When the officers suspect you of drunk driving, they will conduct a DUI investigation before arrest. An officer could conduct some preliminary tests to see how you behave and answer questions. If the officer still suspects you of drunk driving, you will be required to undergo DUI testing. There are mainly two DUI tests that the police can conduct after a DUI arrest: a breath or blood test. Blood tests provide accurate results to show whether you are under the influence of alcohol or drugs. A breath test will only test your breath for alcohol.
Even so, stopping and arresting DUI suspects at a DUI checkpoint should not infringe on their rights. The Fourth Amendment provides guidelines on how the police should operate a DUI checkpoint to avoid violating the rights of California residents. The police must not forcefully take a blood sample from a DUI suspect to test them for drunk driving. The law requires the police to seek the consent of the motorist. If the motorist does not allow it, the police can only conduct a blood test after obtaining a warrant. Only then will the police be allowed to use the results as evidence in court when the suspect is facing trial for drunk driving.
The Fourth Amendment and Field Sobriety Testing
As previously mentioned, DUI is a severe problem in California. People are losing their lives, while others are suffering devastating injuries to DUI-related vehicle accidents. For that reason, the police have intensified their crackdown on motorists operating while intoxicated. DUI checkpoints are an excellent way to stop and make arrests on those found to be driving under the influence. But the law requires the police to conduct those exercises without violating the rights of the people.
Pre-arrest sobriety testing is optional in California. You do not have to submit to DUI testing before you are under arrest. However, you could face criminal charges for failing to submit to DUI testing after arrest. If the police have placed you under arrest, you will be required to undergo DUI testing to determine if you are driving under the influence and your BAC level. These test results will be used as evidence against you when you appear before a judge for trial.
The conditions for allowing a motorist in California to have a driver’s license indicate that the driver must submit to DUI testing procedures after an arrest. However, this primarily applies to breath testing, which is considerably less invasive than blood tests. But, the requirement goes against the Fourth Amendment provisions and could be considered an unreasonable search. If the driver fails to submit to a DUI breath test, the officer can request their consent to collect a blood sample for DUI testing. If he/she is still not willing to submit to that, the police must obtain a warrant to compel the motorist to submit to DUI testing.
The usual DUI tests only provide the police with reasonable suspicion that the driver is operating a vehicle under the influence of alcohol or drugs. If the police must make an arrest, they will require concrete evidence to support their suspicions. That is why more concrete tests are needed to provide the police with accurate results that indeed the driver was under the influence. Blood tests are generally more accurate, and they can provide the precise levels of alcohol in the suspect’s blood. Any BAC level above 0.08% is illegal in California. The test proves that the driver’s senses were impaired because of the high amount of alcohol he/she had consumed before or while driving.
But blood tests are very invasive. People are generally not very comfortable with blood tests. Thus, the police require a driver’s consent to obtain a blood sample for testing. If that does not work, and the police suspect them of DUI, the fourth amendment requires the officers to obtain a warrant and not forcefully obtain a sample from a DUI suspect.
A Warrant Requirement for Blood Tests
The Fourth Amendment seeks to ensure that citizens are free in their person and property from unreasonable search and seizure by the police. The police require a detailed warrant to conduct a search and seizure, however minor it might seem. Obtaining a blood test from a DUI suspect falls under the search and seizure that the police must not conduct without a warrant. Forcefully conducting a blood test on a DUI suspect without their consent or warranty goes against their constitutional rights.
After an arrest, the police require substantial evidence to prove in court that the suspect is guilty as charged. Without proof that a driver was operating under the influence, most DUI arrests would amount to nothing. It means that the war against drunk driving will be far from over.
But drivers need to know that failing to submit to DUI testing after an arrest could indicate that the driver was operating with a higher than standard BAC. That could be used to determine the gravity of the driver’s penalties after a conviction.
The police must demonstrate probable cause to obtain a warrant for DUI blood testing. If the driver's conduct was suspicious, and he/she refused to undergo DUI testing, the police could use that as probable cause to obtain a warrant. Also, note that the police can quickly obtain a warrant for DUI testing through the internet or phone call in this digital era without leaving the driver and scene. Warrants are usually available even before a driver is arrested for DUI.
Therefore, if you do not cooperate with the police after a DUI stop and do not demonstrate a willingness to submit to DUI testing, the police have the option of obtaining a warrant for DUI blood testing. The warrant removes the need for your consent and cooperation. Once the officer obtains the warrant, you will have no other choice than to provide a blood sample for DUI testing.
Blood Tests Without a Warrant
Even with probable cause for a DUI arrest, the police do not have the right to obtain a blood sample from a suspect for BAC testing. The Fourth Amendment protects drivers' rights against unlawful conduct by the police.
Before the fourth amendment, the police were protected by the implied consent law in which every driver must submit to DUI testing after a DUI arrest. Most drivers can quickly submit to a breath test, but breath tests are usually unreliable for BAC testing.
Even with the implied consent law, the police must seek the suspect’s consent or a warrant to conduct a blood test. If the police draw blood from a DUI suspect without their consent or a warrant, the case against the suspect could be dismissed by the court, or evidence gathered from the unlawful police conduct be suppressed. That would leave the police with little or no evidence to support a driver’s DUI charges.
Find a Los Angeles DUI Attorney Near Me
If you or your loved one were recently arrested for DUI, it helps to know whether or not the arrest was illegal. The constitution guides the police on how to conduct DUI arrests and tests. If you feel that the police violated your fourth amendment rights when drawing blood for DUI testing, you could challenge the evidence gathered in court. But, you need a competent DUI attorney to help you plan a solid case against the police officers’ conduct. Our team at Jonathan Franklin DUI Attorney has excellent experience handling all kinds of DUI cases in Los Angeles. Call us at 323-464-6700, and let us study the facts of your case for more professional advice and guidance.
