Vienna VA DUI Attorney: Constitutionality and the DUI Arrest

One of the big questions under consideration when you have been charged with a DUI in Vienna VA is whether at any point in the process your constitutional rights were violated. This is a challenge for your Vienna VA DUI attorney.

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Vienna VA courts may entertain any motions on constitutionality filed by the attorney before trial. These motions may ask the following questions, for example:

1. Was your stop constitutional?
What did the officer observe when the decision was made to pull you over? What did the officer communicate was the reason for pulling you over. The officer must be able to articulate that to you. If you were stopped and officers did not tell you why you were been pulled over, there may be some grounds for challenging the stop.

2. Was administration of blood alcohol tests on the roadside constitutional?
What led the officer to believe you had been drinking? Did the officer follow proper protocols for administering the roadside tests? What were the conditions of the road where the tests were administered? There is a lot of science to understand and thus it’s important to hire a Vienna VA DUI attorney. Vienna VA must follow very specific rules and regulations for your arrest to be valid.

3. Did the officer have probable cause to arrest you for a DUI?
What were the results of the breath or blood tests conducted? What were the results? Were those results communicated to you? Did you see the reading yourself? What was the condition of the machine?

4. Were you informed of your Miranda rights?
When you are stopped an officer may start asking you lots of questions about where you are going, where you are coming from, whether you have been drinking. You do not have to answer any of these questions. In fact, the officer is supposed to inform you of your right to remain silent under Miranda.

5. Was any search and seizure constitutional?
For a search and seizure to be legal, the officer must have one of three things: 1) a warrant, 2) your permission to search your vehicle, or 3) probable cause. A broken tail light does amount to probable cause. A beer can, liquor bottle or drug paraphernalia in plain sight are deal breakers. Police have every right then to search your vehicle. If police asked permission and you did not give explicit consent, police may only explore the immediate environment that is visible to anyone. This may include for example floor boards, back seats, door pockets and rear window area – basically any area that someone walking past the vehicle could see.

If you were arrested following a stop at a sobriety check point, like many you may be wondering whether this violates your constitutional rights. This is a subject for another article but the United States Supreme Court has weighed in on this and declared it constitutional. These are just a few reasons that you want to make sure that you specifically engage the expertise of a Vienna VA DUI attorney. Vienna VA officers can make mistakes which violate your constitutional rights in DUI arrests. Such mistakes may result in dismissal of your case if caught early and addressed.