Constitutional Rights Regarding Search and Seizure
The Fourth Amendment of the United States Constitution protects all citizens from unreasonable searches and seizures. A police officer must have probable cause to perform a legal search and seizure of your vehicle. Probable cause is a reasonable belief that you:
Probable Cause and DWIs
In relation to DWIs, a police officer must have a reasonable belief that you are driving while intoxicated in order to pull you over and potentially administer a breathalyzer test or a field sobriety test. Probable cause for stopping an individual who is driving while intoxicated includes driving acts such as:
Whether it may be for a minor traffic violation or a dangerous driving act, an officer must have probable cause before pulling you over.
Sobriety Checkpoints for DWIs
The Supreme Court of the United States has held that sobriety checkpoints on public roads are not an inherently unreasonable search and seizure for purposes of the Fourth Amendment. The Supreme Court reached this decision by balancing the public interest against an individual’s right to privacy while driving. More often than not, the safety of the community at large outweighs an individual’s rights when subjected to a sobriety checkpoint.
Challenging a DWI Traffic Stop
When evaluating the validity of your DWI traffic stop, it is important to consider factors such as:
Have You Been Charged With a DWI Resulting From a Traffic Stop?
If you or a loved one has been charged with a DWI following a traffic stop, it is vital that you seek a strong legal defense to guide you through challenging your DWI. As DWIs involve complex laws, and the legality of traffic stops is often determined based on prior case law, it is important that you seek a criminal defense attorney with successful experience in challenging DWIs. The Wilder DWI Defense Firm is equipped with the knowledge and expertise of DWIs in the Dallas area needed to assist you through this complicated process. Contact our firm today to schedule your free consultation.