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Brian S. Leifert, Esq.
Douglas I. Leifert, Esq.

Common Constitutional Issues in West Palm Beach DUI Cases

Sometimes during or following an arrest, law enforcement may make a mistake in denying the accused of their constitutional rights. Understanding the impact of common constitutional issues in West Palm Beach DUI cases is important to understand if you are facing a DUI accusation. To learn more about how to prove the issues in your case, speak with a distinguished driving under the influence lawyer right away.

What Law Enforcement’s Burden of Proof?

What the officers need to show in order for searches to be constitutional is a warrant that is presumptively constitutional but it is to be signed off by a judge prior to being executed based on the sworn facts presented to the Judge at an informal hearing and in writing based on their knowledge and their experience.

If they do not have a warrant, what they would need to show is that they had reasonable suspicion or a right to suspect that there was illegal activity afoot. It could be vital for the accused to speak with an attorney about whether the actions of law enforcement could be considered common constitutional issues in West Palm Beach DUI cases.

Common Sources of Evidence

Sometimes, they do not smell smoke but they observe something like some paraphernalia or they observe illegal drugs or something that looks like illegal drugs in the car on the seat, in the console, on the floorboard of a car. They may observe something in what is called plain view and that gives them the right to search the car just based on what they see.

They need to show a reason in order to search the car. They need to show a reason as to why they suspect something is illegal in the car, or that they saw something that is illegal in the car, or that they were given permission by the person to search the car.

Defining a Driver’s Constitutional Rights

A person does not have to give permission to be subject to a car search. However, if someone is asked for their consent, it may be critical to speak with an attorney. They can help the driver try avoiding common constitutional issues in West Palm Beach DUI cases. Of course, the person would be non-cooperative and they will have to call the dogs but there are rules in place and they are there to protect the person.

Common Constitutional Issues in West Palm Beach DUI Cases

Not receiving reasonable assistance to obtain an independent test could be considered a constitutional issue. Other constitutional issues that may arise in a DUI case or constitutional issues that may arise in DUI cases will come about during questioning.

An officer may not be able to ask certain questions of a person under the Constitution but they ask them anyway. If they are asking questions and the answer can negatively impact the person, there may be a constitutional issue regarding that.

A potential constitutional issue would be if a person is asked to give a breath test and they are misled about the law or coerced into giving a breath test. Speak with a lawyer as soon as you can about how your case is being handled by law enforcement thus far.

Leifert & Leifert Criminal Defense

Leifert & Leifert Criminal Defense

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